Delhi High Court - Orders
Harish Narang & Anr vs State & Anr on 21 February, 2023
Author: Amit Sharma
Bench: Amit Sharma
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 501/2023
HARISH NARANG & ANR. ..... Petitioners
Through: Mr. Vikas Walia, Advocate alongwith
petitioners in person.
versus
STATE & ANR. ..... Respondents
Through: Mr. Hitesh Vali, APP for State with
SI Sachin Dhama, PS Shalimar Bagh.
Ms. Drishti Harpalani, Advocate for
R-2 alongwith R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 21.02.2023 CRL.M.A. 1973/2023 (Exemption) Exemption allowed, subject to just exceptions. The application is disposed of accordingly.
CRL.M.C. 501/2023The present petition filed under Section 482 Cr.P.C. seeks quashing of FIR No. 571/2018, under Sections 354/354A/354C/509/34 of the IPC, registered at P.S. Shalimar Bagh and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Kanika Jain, learned Metropolitan Magistrate, Mahila Court, North- West, Rohini Courts, Delhi.
Learned counsel appearing on behalf of the petitioners submits that Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:22.02.2023 15:31:34 petitioners and respondent no. 2/complainant are neighbours and that the unfortunate incident occurred on account of alleged mistreatment of a stray dog. It is pointed out that a cross-FIR, bearing FIR no. 572/2018, under Section 323/354A/506/509/34 of the IPC, was registered at the instance of petitioner no. 2 against the husband of respondent no. 2.
During the pendency aforesaid proceedings, the parties with the help of their well-wishers and other respected members of the locality have cleared their misunderstanding and have entered into a Memorandum of Understanding („MOU‟) dated 18.02.2023, whereby they have agreed to cooperate with each other in quashing of the FIRs, registered at instance of both the parties.
Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, S.I. Sachin Dhama, P.S. Shalimar Bagh.
The complainant/respondent No.2 alongwith her husband, Mr. Ramesh Madan, states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed.
In view of the settlement between the parties and peculiar fact of the case that the parties were neighbours, 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, the 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 Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:22.02.2023 15:31:34 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 proceeding."
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 continuing with the present FIR No. 571/2018, under Sections 354/354A/354C/509/34 of the IPC, registered at P.S. Shalimar Bagh and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Kanika Jain, learned Metropolitan Magistrate, Mahila Court, North-West, Rohini Courts, Delhi.
In the interest of justice, the petition is allowed, and the FIR No. 571/2018, under Sections 354/354A/354C/509/34 of the IPC, registered at P.S. Shalimar Bagh and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Kanika Jain, learned Metropolitan Magistrate, Mahila Court, North-West, Rohini Courts, Delhi, is hereby quashed.
Petition is allowed and disposed of accordingly. Pending application(s), if any, also stand disposed of.
AMIT SHARMA, J FEBRUARY 21, 2023/bsr Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:22.02.2023 15:31:34