Delhi High Court - Orders
Mohit Sharma & Ors vs State (Nct Of Delhi) And Anr on 12 October, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7459/2023
MOHIT SHARMA & ORS. ..... Petitioners
Through: Mr. Aklank Jain, Advocate
versus
STATE (NCT OF DELHI) AND ANR. ..... Respondents
Through: Mr. Satish Kumar, APP for the State
with SI Arti Singh, P.S. Sector 23,
Dwarka.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 12.10.2023
1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioners seeking quashing of FIR bearing no. 232/2019 registered at Police Station Sector 23, Dwarka, Delhi for offence punishable under Sections 452/323/506/34 of Indian Penal Code, 1860 ('IPC').
2. Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.
3. Petitioners are present before this Court and have been identified by their counsel Mr. Aklank Jain and Investigating Officer (IO) SI Arti Singh from Police Station Sector 23, Dwarka.
4. Brief facts of the present case are that father of petitioner no. 1 was engaged in a business of Travel agency under the name of "M.K. 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 17/10/2023 at 14:34:24 International and complainant/respondent no. 2 had sought services from father of petitioner no. 1. It is stated that on 13.07.2019, petitioner no. 1 and respondent no. 2 had an altercation and both parties had sustained injuries when petitioner no. 1 had asked him to return the outstanding amount. On the complaint of respondent no. 2, the present FIR bearing no. 232/2019 registered at Police Station Sector 23, Dwarka, Delhi for offence punishable under Sections 452/323/506/34 of Indian Penal Code, 1860 ('IPC') against the petitioners. It is stated that during the pendency of the present case, both the parties had amicably settled all their disputes before Mediation Centre, Dwarka Courts, New Delhi, vide Settlement Deed dated 13.07.2023.
5. On a query made by this Court, the respondent no. 2 who has been identified by the IO, has categorically stated that he has entered into compromise out of his own free will, volition and without any coercion, pressure or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties before Mediation Centre, Dwarka Courts, New Delhi, vide Settlement Deed dated 13.07.2023.
6. It is submitted that both parties have settled all their disputes and claims. All respondents have tendered unconditional apology which has been accepted by the complainant and had also given an undertaking that they will not indulge in any such activity in the future.
7. In view of the above facts that the parties have amicably resolved their differences out 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 above mentioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
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 17/10/2023 at 14:34:24
8. Accordingly, FIR bearing no. 232/2019 registered at Police Station Sector 23, Dwarka, Delhi for offence punishable under Sections 452/323/506/34 of IPC and all consequential proceedings emanating therefrom are quashed.
9. In view of above, the present petition stands disposed of.
10. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J OCTOBER 12, 2023/kd 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 17/10/2023 at 14:34:24