Delhi High Court - Orders
Purshotam Kumar Alias Varun vs The State Govt Of Nct Of Delhi & Ors on 6 September, 2024
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6632/2024
PURSHOTAM KUMAR ALIAS VARUN .....Petitioner
Through: Mr. R.S. Lathwal and Mr. Amit
Mittal, Advocates with petitioner.
versus
THE STATE GOVT OF NCT OF DELHI & ORS......Respondents
Through: Ms. Richa Dhawan, APP for the State
with SI Krish Rana and SI
Ghanshyam, IO Laxmi Nagar, Delhi.
Ms. Rahul Kumar and Ms. Megha
Chaudhary, Advocates for R2 & R3
with R2 & R3.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 06.09.2024
1. The present Petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC, 1973') has been filed on behalf of the petitioner, namely, Mr. Purshotam Kumar alias Varun seeking to quash the FIR No. 706/2016 for the offence under Sections 323/354D/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC, 1860') registered at Police Station Shakarpur, Delhi.
2. Issue notice.
3. Ms. Richa Dhawan, learned APP appearing on advance notice, accepts notice on behalf of the State.
4. Brief facts of the case are that the petitioner was working in Delhi and was residing in close vicinity of the respondent Nos. 2 and 3/complainants. The petitioner and respondents Nos. 2 and 3 were riding on their respective 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 21/09/2024 at 02:38:54 scooters and due to congestion of traffic both the scooters collided and there were exchange hot words among them and matter was subsided.
5. It is further submitted that on the complaint of respondent Nos. 2 and 3, an FIR bearing No. 706/2016 dated 25.07.2016 has been registered under Sections 323/354D/506/34 of the IPC, has been registered at Police Station Shakarpur, Delhi. It is submitted that because of some confusion between the petitioner and the respondent No. 3, the said FIR got registered. Thereafter, the respondent No. 3 has got married to the respondent No. 2 and is happily residing in her matrimonial home. The Charge-Sheet has been filed but charges have not been framed till date.
6. It is stated that due to efforts of family members and friend of the parties, the matter has been amicably between the petitioner and the respondent Nos. 2 and 3/complainants vide Memorandum of Understanding dated 20.07.2024 and it was inter alia settled between the parties that the respondent Nos. 2 and 3 shall bear all the litigation expenses. Both the parties have undertaken to maintain a harmonious atmosphere among them and they will give respect to each other in future. It is further settled between the parties that they shall not initiate any litigation in future with regard to the present FIR.
7. In view of the Memorandum of Understanding dated 20.07.2024, the present petition has been filed.
8. The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily.
9. The parties have submitted that all the disputes have been amicably 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 21/09/2024 at 02:38:54 settled vide Memorandum of Understanding dated 20.07.2024 and thus, no fruitful purpose will be served in continuing with the FIR.
10. The present petition has been signed by all the parties and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Memorandum of Understanding dated 20.07.2024 and they also submit that the said Memorandum of Understanding dated 20.07.2024, has been arrived at between the parties without any pressure and coercion.
11. Today, the respondent Nos. 2 and 3/complainants, who are present in Court, state that they have no objection if the FIR is quashed.
12. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion, I am of the opinion that no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
13. Moreover, there is no legal impediment in quashing the FIR in question.
14. Accordingly, FIR bearing No. 706/2016 dated 25.07.2016 for the offence under Sections 323/354D/506/34 of the IPC, registered at Police Station Shakarpur, Delhi and all consequential proceedings emanating therefrom are quashed.
15. The petition stands disposed of.
NEENA BANSAL KRISHNA, J SEPTEMBER 6, 2024/RS 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 21/09/2024 at 02:38:54