SAHIL SAHNI vs STATE NCT OF DELHI AND ANR.

2024-02-27 Information

$~22-24 & 67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27.02.2024
+ CRL.M.C. 1262/2024
SAHIL SAHNI ….. Petitioner
Through: Mr.Suraj Prakash Sharma, Advocate with petitioner in person.
versus
STATE NCT OF DELHI AND ANR. ….. Respondents
Through: Ms. Kiran Bairwa, APP for State with Insp. S.K.Jha (SHO) and ASI Naresh Kumar, PS Rithala.
Mr.Rohit Sharma, Advocate with respondent No.2 in person.

+ CRL.M.C. 1263/2024
SAHIL SAHNI ….. Petitioner
Through: Mr.Suraj Prakash Sharma, Advocate with petitioner in person.
versus
STATE NCT OF DELHI AND ANR. ….. Respondents
Through: Ms. Kiran Bairwa, APP for State with WSI Aarti Jha, PS KNK Marg.
Mr.Rohit Sharma, Advocate with respondent No.2 in person.

+ CRL.M.C. 1264/2024
SAHIL SAHNI ….. Petitioner
Through: Mr.Suraj Prakash Sharma, Advocate with petitioner in person.
versus
STATE NCT OF DELHI AND ANR. ….. Respondents
Through: Ms. Kiran Bairwa, APP for State with WSI Aarti Jha, PS KNK Marg.
Mr.Rohit Sharma, Advocate with respondent No.2 in person.

+ CRL.M.C. 1169/2024
SAHIL SAHNI ….. Petitioner
Through: Mr.Suraj Prakash Sharma, Advocate with petitioner in person.

versus
STATE NCT OF DELHI AND ANR. ….. Respondents
Through: Ms. Kiran Bairwa, APP for State with WSI Aarti Jha, PS KNK Marg.
Mr.Rohit Sharma, Advocate with respondent No.2 in person.

CORAM:
HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% J U D G M E N T

ANOOP KUMAR MENDIRATTA, J (ORAL)

1. (i). CRL.M.C. 1262/2024 under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been preferred on behalf of the petitioner for quashing of FIR No. 25/2012 under Sections 354A/506 IPC registered at P.S.: Rithala and the proceedings emanating therefrom.
(ii). CRL.M.C. 1263/2024 under Section 482 Cr.P.C. has been preferred on behalf of the petitioner for quashing of FIR No. 217/2013 under Sections 323/341/354/506 IPC registered at P.S.: K.N.Katju Marg and the proceedings emanating therefrom.
(iii). CRL.M.C. 1264/2024 under Section 482 Cr.P.C. has been preferred on behalf of the petitioner for quashing of FIR No. 18/2013 under Sections 506/509 IPC registered at P.S.: K.N.Katju Marg and the proceedings emanating therefrom.
2. (iv). CRL.M.C. 1169/2024 listed on 27.05.2024 has been directed to be taken up today which is also preferred under Section 482 Cr.P.C. for quashing of FIR No. 115/2013 under Sections 506/509 IPC registered at P.S.: K.N.Katju Marg and the proceedings emanating therefrom. The aforesaid Crl.M.C. 1169/2024 has been taken up since respondent No.2 submits that her family members are facing medical issues and it would be inconvenient to her to appear again.
3. In brief, as per the case of prosecution, FIR No.25/2012 under Section 354A/506 IPC at PS Rithala was registered since respondent No.2 alleged that on 21.07.2012, petitioner followed her in Metro when she was on her way to office and thereafter threatened her. Further, FIR Nos. 217/2013 under Sections 323/341/354/506 IPC, 18/2013 under Sections 506/509 IPC and 115/2013 under Sections 506/509 IPC, P.S.: K.N.Katju Marg were registered at the instance of respondent No.2 on 28.05.2013, 13.01.2013 and 05.02.2013 alleging similar incidents of threat and inappropriate behaviour.
4. Learned counsel for the petitioner submits that both the petitioner as well respondent No.2 were neighbours living in close vicinity and all the aforesaid FIRs were registered prior to the marriage of respondent No.2 in the year 2014 due to some misunderstanding. It is further urged that petitioner expresses remorse over the aforesaid incidents and has clean past antecedents except for the aforesaid FIRs. It is prayed that the petitioner may also be permitted to move further in life as he was aged about 24 years at the relevant time and is happily married and blessed with two daughters.
5. The disputes are stated to have been amicably settled between the parties in terms of settlement deed dated 07.08.2023. Respondent No.2 who is present in person alongwith her parents submits that the matter has been amicably resolved between the parties and she does not wish to continue with the present litigation since she is happily married since 18.01.2014 and her family members are also facing medical issues.
6. Learned APP for the State submits that in view of amicable settlement arrived between the parties, the State has no objection in case the FIRs in question are quashed.
7. Petitioner as well as respondent No. 2 are present in-person and have been identified by respective IOs of concerned police stations. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also states that nothing remains to be further adjudicated upon between the parties and she has no objection in case all the FIRs in question are quashed.
8. Petitioner in the present case seeks to invoke the powers under Section 482 of Code of Criminal Procedure. The same is to be used to secure the ends of justice or to prevent the abuse of process of any Court. In which cases, the power to quash the criminal proceedings or the complaint or FIR may be used when the offender as well as victim have settled their dispute, would depend upon the facts and circumstances of each case and no generalised list or categories can be prescribed. However, the Court is required to give due regard to the nature and gravity of the offence and consider the impact on the society.
9. Parties intend to put quietus to the proceedings and move forward in life. Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. Continuation of proceedings would be nothing but an abuse of the process of the Court. Consequently, FIR No. 25/2012 under Sections 354A/506 IPC registered at P.S.: Rithala; FIR No. 217/2013 under Sections 323/341/354/506 IPC registered at P.S.: K.N.Katju Marg; FIR No. 18/2013 under Sections 506/509 IPC registered at P.S.: K.N.Katju Marg; and FIR No.115/2013 under Sections 506/509 IPC registered at P.S.: K.N.Katju Marg and the proceedings emanating therefrom, stand quashed.
Petitions are accordingly disposed of. Pending applications, if any, also stand disposed of.
Date already fixed i.e. 27.05.2024 in Crl. M.C. 1169/2024, stands cancelled.
A copy of this order be forwarded to concerned Trial Court for information.
A copy of this order be kept in all the connected petitions.

ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 27, 2024/v

CRL.M.C. 1262/2024 & etc. Page 5 of 5