Single judge order quashing FIR No.1065/2015 registered under IPC sections 323, 506, and 509 due to amicable settlement, cordial relationship, and parties' shared habitation, following guidelines established in Narinder Singh judgment.
FIR No.1065/2015 dated 28th July, 2015 registered at police station Binda Pur is quashed.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
STSATE (NCT OF DELHI) & ANR ..... Respondents Through : Dr. M. P. Singh, APP for R-1 with ASI Ram Niwas PS Binda Pur. Mr. Pardeep Kumar, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI, J. O R D E R
% 01.02.2017
This petition seeks quashing of FIR No.1065/2015 dated 28th July, 2015 registered at police station Binda Pur in view of the settlement arrived at between the parties, who are related to each other. Another cross FIR is stated to have been quashed. This petition has been filed because the FIR has been registered under sections/323/506/509 IPC. The petition is supported by an affidavit of respondent no.2. The learned counsel for the said respondent states that parties have settled their disputes amicably and would like to live peacefully in the same house, which they occupy. Following the terms of judgment of Supreme Court rendered in Crl.A. No.686/2014 titled as Narinder Singh & Ors. Vs. State of Punjab & Anr., arising out of SLP (Crl.) 9547/2013, the Court is of the view that in the context of nature of the complaint, the relationship between the parties, their habitation in the same building, their amicable resolution of disputes for peaceful co-existence and for the maintenance of cordial relations, the
quashing of the FIR would be justified. Respondent no.2 has been identified by the Investigating Officer. Copy of I-Card, duly signed by the Investigating Officer, has been taken on record. Learned Additional Public Prosecutor does not oppose the quashing of the FIR.
Accordingly, in the interest of justice, above mentioned FIR is quashed. The petition is disposed off in the above terms.
NAJMI WAZIRI, J.
FEBRUARY 01, 2017/ dk
2 issues framed by the court
Whether FIR No.1065/2015 should be quashed in view of amicable settlement between parties.
Whether the invocation of sections 323, 506, and 509 IPC warrants quashing upon settlement.
Colour shows how this judgement treated each authority
Narinder Singh & Ors. Vs. State of Punjab & Anr.Followed¶8
Crl.A. No.686/2014 titled as Narinder Singh & Ors. Vs. State of Punjab & Anr.
1 provisions across 1 enactments
Ram Niwas
State (NCT of Delhi)
Najmi Waziri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
