Delhi High Court – Orders
Ravi & Anr vs State Govt. Of Nct Of Delhi And Anr on 23 December, 2024
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 9771/2024
RAVI & ANR. .....Petitioners
Through: Mr. Manoj and Mr. Balram Sharma,
Advocates for P-1.
Mr. Parshuram and Mr. Banke Bihari,
Advocate for P-2.
versus
STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents
Through: Mr. Raghuinder Verma, APP for the
State with SI Tirathpal, PS-Begupur.
Mr. Himanshu and Mr. Mohan
Shyam, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 23.12.2024
1. The instant petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier under Section 482 of
the Code of Criminal Procedure, 1973 (hereinafter “C.P.C“)] has been filed
by the petitioners praying for quashing of FIR bearing No. 227/2019
registered at Police Station – Begumpur, Delhi for offences punishable under
Sections 354/323/34 of the Indian Penal Code, 1860 (hereinafter “IPC“).
2. The brief facts of the case are that a dispute arose between the
petitioners and brother of respondent no. 2. During the said quarrel, the
petitioner no. 1 inappropriately touched the respondent no. 2, which led to
the filing of the instant FIR. Learned counsel for the petitioners submitted
that with the intervention of family members and relatives, both the parties
entered into settlement/compromise deed on 18th November, 2024. The
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terms and conditions of the said settlement are mentioned in the settlement
deed which is annexed at Page no. 43 of the instant petition.
3. It is prayed by the learned counsel appearing on behalf of the parties
that the instant FIR may be quashed on the basis of the compromise and in
accordance with the settled law on this point as posited by the Hon’ble
Supreme Court. At this juncture, the petitioner appearing in-person also
undertakes to not repeat the same conduct in the future.
4. Per contra, Mr. Mr. Raghuinder Verma, APP for the State, learned
APP for the State submitted that in case this Court is inclined to allow the
instant petition and to quash the FIR in question in view of the settlement
arrived at between the parties, cost may be imposed upon the petitioner as
the FIR was registered in the year 2019 and a period of more than 5 years of
judicial time is wasted.
5. Heard learned counsel for the parties and perused the record.
6. In the case of Gian Singh vs. State of Punjab, (2012) 10 SCC 303,
the Hon’ble Supreme Court observed quashing of the FIR on the basis of
amicable resolution of disputes. It is further observed that if the High Court
is of the view that continuation of criminal proceedings between the parties
would amount to abuse of process of law despite the settlement or
compromise between the parties, the same may be quashed.
7. The petitioners are present before this Court and have been identified
by his counsel Mr. Manoj, Advocate for petitioner no. 1 and Mr. Parshuram,
Advocate for petitioner no. 2 and Investigating Officer Tirathpal, Police
Station Begumpur. The respondent No.2/complainant is also present in the
Court and has been identified by his counsel, Mr. Himanshu, Advocate and
the Investigating Officer.
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8. On the query made by this Court, respondent no.2/complainant has
categorically stated that she has entered into compromise on her own free
will and without any pressure. It is also stated by respondent No.2 that the
entire dispute has been amicably settled between the parties.
9. Upon perusal of the record, it is observed that the respondent no. 2
has filed a No objection Certificate, which is annexed as Annexure 4 to the
instant petition.
10. Keeping in view the fact that parties have settled the matter as well as
undertaking given by the petitioner and no objection given by the
respondent no. 2, no useful purpose would be served by keeping the matter
pending. Hence, FIR bearing No. 227/2019 registered at Police Station –
Begumpur, Delhi for offences punishable under Sections 354/323/34 of the
IPC and consequent proceedings emanating therefrom are quashed, subject
to the deposition of the cost of Rs. 15,000/- (Rupees Fifteen Thousand
Only) in the account of DHCBA Women Advocates Welfare Fund i.e.,
saving account no. 15530110172858 (IFSC- UCBA0001553), Bank Name-
UCO Bank, Branch- Delhi High Court within a period of two weeks.
11. The receipt of the payment of the aforesaid cost shall be furnished
before the Registry of this Court as well as the IO within two weeks.
12. The petition alongwith pending application(s), if any, stands disposed
of.
CHANDRA DHARI SINGH, J
DECEMBER 23, 2024
NA/mk
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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 26/12/2024 at 22:08:46