CRL.M.C./4745/2024 of RAJENDER KUMAR & ORS. Vs STATE OF NCT OF DELHI & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 4745/2024 RAJENDER KUMAR & ORS. ..... Petitioners Through: Mr.Virendra Singh, Adv.

versus

STATE OF NCT OF DELHI & ANR. ..... Respondents Through: Ms.Priyanka Dalal, APP with SI Sheetal.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R R% 31.05.2024CRL.M.A. 17734/2024 (exemption)

1.Allowed, subject to all just exceptions.

CRL.M.C. 4745/2024

2.This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No.424/2012 registered at Police Station: Alipur, Outer-District, Delhi under Sections 420/181/34 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of settlement.

3.Issue notice

4.Notice is accepted by Ms.Priyanka Dalal, learned APP and respondent no.2, who appears in person.

5.The learned counsel for the petitioners submits that the parties are real brothers and sisters and the dispute between the parties arose out of some petty issues and misunderstanding between the parties

which led to the registration of the above mentioned FIR.

6.He submits that the parties have amicably settled their inter sedisputes and have entered into settlement vide Settlement Agreement dated 08.05.2024.

7.The respondent no.2 is personally present in Court and has been duly identified by the Investigating Officer (IO) and he reaffirms the settlement and states that he has settled all the disputes with the petitioners out of his own free will and without any coercion. The respondent no.2 submits that he has no objection if the present FIR is quashed.

8.I have perused the contents of the FIR and also the settlement between the parties.

9.Though the charge-sheet has also been filed on 12.05.2014, as the dispute is between the family members and to maintain peace and harmony and keeping in view the fact that the respondent no.2 does not wish to pursue his complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as it would create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

10.Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641; and, State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers

under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

11.Accordingly, the petition is allowed. FIR No.424/2012 registered at Police Station: Alipur, Outer-District, Delhi under Sections 420/181/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners shall deposit costs of Rs.10,000/- (each) with “Civil & Session Courts Stenographers Association, Delhi, Punjab National Bank, Gokhale Market, Delhi-110006, Saving Account No.0613000100079946, RTGS/NEFT IFSC Code, [REDACTED]” within period of four weeks from today, and shall file proof of such deposit with the Registry of this Court and also supply copy thereof to the IO, within the said period.

MAY 31, 2024 RN/ss

NAVIN CHAWLA, J

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