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Sundari Devi & Anr. v. State & Anr.

Delhi HC20 Feb 2017W.P.(CRL)/373/2016

Case brief

AI extract

What is this about?

This Criminal Writ Petition sought quashing of an FIR based on an amicable settlement. The High Court, after verifying the settlement with the complainant who voluntarily willed to settle without pressure, quashed the FIR and subsequent proceedings in the interest of justice and neighborly relations, imposing a fine of ₹15,000.

What did the court decide?

Quashed FIR No.723/15 and all proceedings therefrom; ordered deposit of ₹15,000 with Prime Minister Relief Fund within two weeks.

Sundari Devi & Anr. Vs State & Anr. — Delhi HC (2017) — LawSathi Research

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$~9

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 373/2016

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SUNDARI DEVI & ANR.

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..... Petitioners

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Through : Mr.Sunil Kumar, Advocate along with petitioners present in person.

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versus

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STATE & ANR.

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..... Respondents Through : Mr.Avi Singh, ASC with Ms.Ananya Singh, Advocate. Mr.Gajender Singh, Advocate for R-2. Respondent No.2/complainant present with her husband.

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CORAM: HON'BLE MR. JUSTICE S.P.GARG

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O R D E R

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% 20.02.2017

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(1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.723/15 under Sections 451/506/509/323/341/34 IPC registered at Police Station Vivek Vihar. It is stated that the matter has been settled with the complainant/respondent No.2 amicably.

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(2) Respondent No.2-complainant is present before the Court along W.P.(CRL) 373/2016 Page 1 of 2

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with her counsel and is identified by him. I have enquired from the complainant whether the matter has been settled with the petitioners amicably without fear and pressure. She has informed that the matter has been settled without any fear or pressure and she has no objection to the quashing of the FIR.

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(3) The petition is supported by the affidavits of the parties. Memorandum of Understanding/Settlement deed dated 25.01.2016 signed by the parties is on record.

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(4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioners, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties, who are neighbours, to maintain neighbourly relations, FIR No.723/15 under Sections 451/506/509/323/341/34 IPC registered at Police Station Vivek Vihar and all the proceedings emanating therefrom are quashed.

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(5) The petitioners are, however, burdened with costs of `15,000/to be deposited with Prime Minister Relief Fund within two weeks. The Registry shall ensure the compliance of the order.

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(6) The petition stands disposed of accordingly.

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S.P.GARG, J.

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FEBRUARY 20, 2017/ sa

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Page 2 of 2

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W.P.(CRL) 373/2016

Sundari Devi & Anr. v. State & Anr.

Case brief

What is this about?

What did the court decide?

Sundari Devi & Anr. v. State & Anr.

Case brief

What is this about?

What did the court decide?

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