Delhi High Court - Orders
Vikas Uttkarsh Rai vs State Of Nct Of Delhi & Anr on 19 April, 2022
Author: Asha Menon
Bench: Asha Menon
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1653/2022 & CRL.M.A. 7063/2022 (for stay)
VIKAS UTTKARSH RAI ..... Petitioner
Through: Mr. Sudhir Tewatia, Mr. Karan & Mr.
Vishal Ji, Advocates.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Ms. Manjeet Arya, APP for the State
with SI Radha.
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 19.04.2022 CRL.M.A. 7062/2022 (for exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
CRL.M.C. 1653/2022 & CRL.M.A. 7063/2022 (for stay)
3. This petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.535/2018, under Sections 354/354(A)/506/509 IPC, registered at Police Station Binda Pur, Delhi and all proceedings emanating therefrom.
4. The petitioner and respondent No.2 are present in person before the Court and have been identified by the Investigating Officer.
5. Mr. Sudhir Tewatia, learned counsel for the petitioner, submits that the parties are neighbours and in the course of a quarrel, both sides have lodged FIRs against each other. The FIR registered at the instance of the CRL.M.C. 1653/2022 Page 1 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:19.04.2022 18:32:25 present petitioner being FIR No.540/2018, under Sections 323/325/34 IPC, registered at Police Station Binda Pur, Delhi, has been compounded and the same has been recorded in the order dated 1st April, 2022 of learned Metropolitan Magistrate-03, South West, Delhi.
6. The respondent No.2 affirms that she has voluntarily settled the matter with the petitioner and does not wish to continue with the criminal proceedings.
7. In the light of the facts that the parties being neighbours have buried the hatchet and are now living amiably, following the judgments of the Supreme Court in Gian Singh Vs. State of Punjab & Anr. (2012) 2 SCC (L&S) 998 and State of Madhya Pradesh Vs. Laxmi Narayan & Ors. (2019) 5 SCC 688, the Court finds itself justified in exercising its powers under Section 482 Cr.P.C.
8. The petition is accordingly allowed and the FIR No.535/2018, under Sections 354/354(A)/506/509 IPC, registered at Police Station Binda Pur, Delhi and all proceedings emanating therefrom are quashed.
9. The petition stands disposed of alongwith the pending application.
10. The order be uploaded on the website forthwith.
ASHA MENON, J APRIL 19, 2022 ck CRL.M.C. 1653/2022 Page 2 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:19.04.2022 18:32:25