Quashed

Gurbir Singh v. State (Govt of NCT of Delhi) & Anr.

Delhi HC10 Jan 2017CRL.M.C./88/2017

Case brief

AI extract

What is this about?

The Single Judge of the Delhi High Court quashed FIR No. 197/2015 and subsequent proceedings, finding that the petitioner and the private complainant had amicably settled the dispute. The court held that an apology and settlement rendered continuance of proceedings useless for justice.

What did the court decide?

Quashing of FIR No. 197/2015 and proceedings pursuant thereto, subject to deposit of ₹25,000/- with the Juvenile Justice Fund.

Gurbir Singh Vs State (Govt of NCT of Delhi) & Anr. — Cheating and Forgery | Delhi HC (2017)

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26# $~

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 88/2017 GURBIR SINGH ..... Petitioner Represented by: Mr. K.G. Seth, Advocate with petitioner in person.

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versus

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STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Represented by: Mr. Amit Ahlawat, APP for the State with W/SI Birmati, PS Palam Village. Respondent No.2 in person.

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CORAM:

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HON'BLE MS. JUSTICE MUKTA GUPTA

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O R D E R

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% 10.01.2017

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Crl. M.A. No. 390/2017 (Exemption)

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Allowed, subject to all just exceptions.

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CRL.M.C. 88/2017

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By the present petition the petitioner seeks quashing of FIR No. 197/2015 under Sections 323/354/509 IPC registered at PS Naraina, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

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Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the petitioner is the only accused and the respondent No.2 is the only complainant/ victim.

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Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states she has settled the matter with the CRL.M.C. 88/2017 Page 1 of 2

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petitioner, who has apologised to her and assured that no such misbehaviour will take place in future and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

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The petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and further tenders his unqualified apology and assures that no such misbehaviour will take place in future with anybody. To show remorse he undertakes to deposit a cost of ₹25,000/-.

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In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Consequently, FIR No. 197/2015 under Sections 323/354/509 IPC registered at PS Naraina, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioner depositing a sum of ₹25,000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court within four weeks. Copy of the receipt will be placed on record of this Court.

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Parties have signed this order sheet in acknowledgment of their statements made before this Court.

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MUKTA GUPTA, J.

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JANUARY 10, 2017/‘vn’

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Page 2 of 2

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CRL.M.C. 88/2017

Gurbir Singh v. State (Govt of NCT of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Gurbir Singh v. State (Govt of NCT of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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