Delhi High Court - Orders
Ajay Kumar vs State Nct Of Delhi And Anr on 21 May, 2024
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~72
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4162/2024
AJAY KUMAR ..... Petitioner
Through: Mr. Kamal, Adv.
versus
STATE NCT OF DELHI AND ANR ..... Respondents
Through: Mr. Naresh Kumar Chahar, APP for
the State along with Ms. Shagun Seth,
Ms. Reshma Ansari and Mr. Lalit
Kumar, Advs.
Mr. Devvrat Swami along with Mr.
Yogesh Kaushik, Advs.
SI Mahendra Patel, PS Narela.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 21.05.2024 CRL.M.A. 15811/2024 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 4162/20243. The present petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioner seeking quashing of the case arising out of FIR bearing No. 409/2017, registered at Police Station Narela, for offences punishable under Sections 354C/506 of the Indian Penal Code, 1860 („IPC‟).
4. Issue notice. Mr. Naresh Kumar Chahar, learned APP appearing on This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2024 at 00:58:43 behalf of the State accepts notice.
5. Brief facts of the present case are that the instant FIR was lodged on the complaint made by respondent no. 2. It is also stated that the present matter was filed due to misunderstanding between the petitioner and the brother of the complainant. It is further submitted that both the petitioner as well as the complainant are family members, i.e. first cousins, and with the intervention of elders, the parties had agreed to mutually settle the matter vide settlement agreement dated 25.11.2022. Hence, the present petition has been filed.
6. The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned.
7. On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled vide settlement agreement dated 25.11.2023. Respondent no. 2 further states that she has no objection if FIR may be quashed.
8. In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
9. Accordingly, FIR bearing No. 409/2017, registered at Police Station Narela, for offences punishable under Sections 354C/506 of the IPC and all consequential proceedings emanating therefrom are quashed.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2024 at 00:58:43
10. The petition stands disposed of.
11. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J MAY 21, 2024/at Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2024 at 00:58:44