Quashed

Rachna Tyagi & Ors. v. State (Govt of NCT of Delhi) & Anr.

Delhi HC12 Jan 2018W.P.(CRL)/107/2018

Case brief

AI extract

What is this about?

This judgment quashed two long-pending FIRs involving property disputes between the Tyagi and Joshi families. A 2017 settlement agreement was endorsed by parties, rendering the criminal proceedings futile. While allowing the quashing, the court imposed costs on petitioners citing the prolonged delay in investigation.

What did the court decide?

FIRs No.191/2012 and No.311/2012 and all proceedings therefrom quashed; petitioners burdened with costs of Rs.5000.

Rachna Tyagi & Ors. Vs State (Govt of NCT of Delhi) & Anr. — Quashing and FIR | Delhi HC (2018)

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Signature Not Verified Digitally Signed By:AM UL YA

No.191/2012 registered under Sections 406/420/468/471/I20B of the IPG on the complaint of one Rachna Tyagi at police station Dabri and the second FIR i.e. the FIR No.311/2012 also registered under Sections 416/417/418/419/420/463/464/468/471 read with Section 120B/34 of the IPG on the complaint of Bhagwati Devi Joshi at the same police station. The dispute is centered around a property. This dispute was largely between two families i.e. Joshi family and Tyagi family. FIRs had been registered in the year 2012. This Gourt has been informed that charge sheet has since not been filed. It was largely for the reason that the parties were trying to settle the dispute that the investigation could not progress. Parties have entered into a memorandum of settlement dated 09.10.2017; it is marked as Ex.PA; details of the settlement find mention in it. This settles scores on both the FIRs. The parties shall be bound by the terms and conditions as contained in Ex.PA. Parties are present in person. They endorse the terms and conditions of the settlement as contained in Ex.PA.

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To secure ends of justice this is a fit case where the prayer made in the petitions should be granted as the trial would be an exercise in futility. However, now the submission of the learned Standing Counsel for the State is that the investigation has progressed in the matter and the FIR remained pending, for the last 5 years; the parties should be burdened with costs if at all the prayers made in the petitions are allowed.

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Accordingly, while allowing the prayers made in the petitions and quashing the FIR No.191/2012 registered under Sections

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406/420/468/471/120B of the IPG and the FIR No.311/2012 registered under Sections 416/417/418/419/420/463/464/468/471 read with Section 120B/34 of the IPG both at police station Dabri and all the proceedings emanating therefrom, each of the petitioners in each of the petitions are burdened with costs of Rs.5000/- to be deposited with the Delhi High GourtLegal ServicesGommittee.j

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Petitions disposed of.

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INDERMEET KAUR, J

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JANUARY 12, 2018 ndn

Rachna Tyagi & Ors. v. State (Govt of NCT of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Rachna Tyagi & Ors. 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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