Delhi High Court - Orders
Raghubar Dayal And Ors vs State Of Nct Of Delhi And Ors on 19 December, 2022
Author: Amit Sharma
Bench: Amit Sharma
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6890/2022
RAGHUBAR DAYAL AND ORS. ..... Petitioners
Through: Mr. Anshul Aggarwal, Advocate
versus
STATE OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Pradeep Gahalot, APP for the
State with S.I. Tej Ram, P.S: Uttam
Nagar.
Mr. Rohit Kumar, Mr. Sunny Kajla,
Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 19.12.2022 CRL.M.A. 26711/2022 (Exemption) Exemption allowed, subject to just exceptions. The application stands disposed of.
CRL.M.C. 6890/2022The present petition under Section 482 of Code of Criminal Procedure, 1973, seeks quashing of FIR No. 111/2017, under Section 308/34 Indian Penal Code, 1860, registered at P.S. Uttam Nagar and all other consequential proceedings, including the chargesheet pending before the court of competent jurisdiction.
Learned counsel for the petitioners submits that the present FIR was registered on account of dispute between the parties herein over a parking issue. On account of the said disputes, cross-FIRs have been registered Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:22.12.2022 11:22:09 against the parties herein.
It is submitted that the parties have now settled their disputes vide settlement deed dated 12.11.2022 (Annexure P-2). In pursuance of the said settlement deed, the parties have agreed to cooperate with each other in quashing of the cross-FIRs.
The petitioners and respondents no.2 to 4 are present before the Court and have been duly identified by their respective counsels, as well as the Investigating Officer, S.I. Tej Ram, P.S. Uttam Nagar.
Issue notice.
Learned APP for the State accepts notice.
Respondents no.2 to 4 are present in the Court today and state that they have no objection if the present FIR and the consequent chargesheet is quashed.
In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed.
In Gian Singh v. State of Punjab (2012) 10 SCC 303, Hon‟ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings"
In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:22.12.2022 11:22:09 continuing with the FIR No. 111/2017, under Section 308/34 Indian Penal Code, 1860, registered at P.S. Uttam Nagar and all other consequential proceedings, including the chargesheet pending before the court of competent jurisdiction.
In the interest of justice, the petition is allowed, and the FIR No. 111/2017, under Section 308/34 Indian Penal Code, 1860, registered at P.S. Uttam Nagar and all other consequential chargesheet pending before the court of competent jurisdiction, is hereby quashed, subject to cost of Rs. 15,000/- to be deposited by the petitioners with Delhi High Court Advocates Welfare Trust.
The petition is allowed and disposed of accordingly. Pending application(s), if any, also stand disposed of.
AMIT SHARMA, J DECEMBER 19, 2022/ab Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:22.12.2022 11:22:09