CRL.M.C./5662/2022 of RAHUL Vs THE STATE & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 5662/2022 RAHUL ..... Petitioner

..... Petitioner Through: Mr.Anmol Kumar, Mr.Amresh Kumar, Advs.

versus

THE STATE & ANR.

..... Respondents Through: Mr.Satinder Singh Bawa, APP with ASI Jitender Singh. Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

23.02.2024

1.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.344/2022 registered at Police Station: Vasant Kunj North, South-West District, Delhi, under Sections 354(D)/341/506 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of settlement.

2. The learned counsel for the petitioner submits that the parties, that is, the petitioner and the respondent no.2 earlier used to be friends, but the disputes arose due to some misunderstanding between the parties. He submits that the parties have now amicably settled their inter se disputes and have entered into settlement vide Settlement Agreement/Compromise dated 21.09.2022.

3.The respondent no.2, who is personally present in Court and has

been duly identified by the Investigating Officer (IO), reaffirms the abovementioned settlement and states that she has settled all the disputes with the petitioner out of her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed.

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

5.Keeping in view the fact that the respondent no.2 does not wish to pursue her 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 the chances of its success will be rather minuscule and it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

6.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.

7.Accordingly, the petition is allowed. FIR No.344/2022 registered at Police Station: Vasant Kunj North, South-West District, Delhi, under Sections 354(D)/341/506 of the IPC and all consequential proceedings emanating therefrom against the petitioner

are quashed, subject to the condition that the petitioner shall deposit costs of Rs.15,000/- with the Delhi State Legal Services Authority within period of two weeks from today, and file proof of such deposit with the Registry of this Court and also supply copy thereof to the IO, within the said period.

8.The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing support to the Acid Attack Victims requiring such assistance.

NAVIN CHAWLA, J

FEBRUARY 23, 2024/Arya/AS

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