Narinder v. State & Anr.
Case brief
What is this about?
The Court quashess FIR No.327/2013 under Sections 376(A)/420 IPC following the complainant's unilateral settlement, receipt of compensation, and voluntary withdrawal of claims, noting no creed will be served by continuing proceedings.
What did the court decide?
Quashing of FIR No.327/2013 and all proceedings pursuant thereto.
What the court decided
$~52
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.M.C. 1870/2017 NARINDER ..... Petitioner Through: Mr. Vinay Jaidka and Mr. Mahesh Kumar, Advocates with petitioner No. 1 in person.
- versus
STATE & ANR. ..... Respondent Through: Ms. Anita Abraham, APP for the State. Mr. J. N. Patel and Ms. Tripta Kanojia, Advocates with respondent No. 2 in person.
CORAM:
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL O R D E R
- % 01.09.2017
The instant petition has been filed by the petitioners seeking quashing of FIR No.327/2013 under Sections 376(A)/420 IPC registered at Police Station-Mehrauli, New Delhi, on the complaint of respondent No.2 and the proceedings pursuant thereto.
Respondent No.2 is present in Court today and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners with her own free will and choice without any threat, pressure and coercion as per terms and conditions of the Settlement Agreement dated 26.08.2015 recorded before the Principal Judge, South Family Court, Saket Court Complex, New Delhi.
Issues for consideration
2 issues framed by the court
Whether the proceedings under FIR No.327/2013 quoting Sections 376(A)/420 IPC should be quashed in view of post-facto settlement and payment of compensation.
Whether this order of quashment can be treated as a precedent for quashing of other cases under Section 376(A) IPC.
Parties & counsel
- petitioner
Narinder
- respondent
State
- respondent
Poonam
Coram
Case details
As recorded by the court registry
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