Delhi High Court - Orders
Priyanka Gupta And Anr vs State Of Nct Of Delhi And Ors on 6 January, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6221/2022
PRIYANKA GUPTA AND ANR ..... Petitioners
Through: Mr. Abhishek Pratap Singh,
Advocate.
versus
STATE OF NCT OF DELHI AND ORS ..... Respondents
Through: Mr. Pradeep Gahalot, APP for the
State. Mr. D.K. Pandey, Advocate.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 06.01.2023 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, petitioners Nos. 1 and 2 and respondents Nos. 2 and 3, jointly seek quashing of case FIR No. 75/2020 dated 03.03.2020 registered under sections 451/354/323/506/34 of the Indian Penal Code 1860 ('IPC' for short) at P.S.: Shahdara, Delhi.
2. The petition is premised on a Settlement Deed dated 26.05.2022, whereby the petitioners and respondents Nos. 2 and 3 are stated to have resolved the matter amicably.
3. The petition is also supported by affidavits of the petitioners as also of respondents Nos. 2 and 3, alongwith proofs of their I.Ds.
4. The contesting parties are present in court in-person. Their credentials have been verified and they have also been identified by their respective counsel.
5. The court has interacted with the petitioners, as also with respondents Nos. 2 and 3, who have confirmed that they have now resolved the Signature Not Verified Digitally Signed By:DIVYA SHARMA Signing Date:07.01.2023 CRL.M.C. 6221/2022 Page 1 of 2 16:48:05 matter and a Settlement Deed dated 26.05.2022 has been signed by them closing all issues amicably. Parties are stated to be known to each other, and now wish to live in peace and harmony going forward.
6. Status report is stated to have been filed yesterday. However, the same is not on record. Be that as it may, Mr. Pradeep Gahalot, learned APP for the State submits that in view of the settlement arrived at between the parties, the State has no objection to the FIR being quashed.
7. In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466 this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.
8. Accordingly, FIR No. 75/2020 dated 03.03.2020 registered under sections 451/354/323/506/34 IPC at P.S.: Shahdara, Delhi is quashed. All proceedings arising therefrom also stand closed.
9. Petition stands disposed of.
10. Pending applications, if any, also stand disposed-of.
ANUP JAIRAM BHAMBHANI, J JANUARY 6, 2023/ak Signature Not Verified Digitally Signed By:DIVYA SHARMA Signing Date:07.01.2023 CRL.M.C. 6221/2022 Page 2 of 2 16:48:05