Allowed

Rameshwar Singh & Anr. v. State & Anr.

Delhi HC9 Mar 2018W.P.(CRL)/144/2017

Case brief

AI extract

What is this about?

The Single Judge held that the FIR and subsequent proceedings under Sections 323/341/506/509/34 IPC should be quashed as the petitioners and the complainant/victim had amicably settled the matter, resolving their differences without coercion, and no useful purpose would be served by continuing the proceedings. The High Court granted the petition.

What did the court decide?

FIR No. 220/2014 under Sections 323/341/506/509/34 IPC and proceedings pursuant thereto were quashed.

Rameshwar Singh & Anr. Vs State & Anr. — Cheating and Forgery | Delhi HC (2018)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 144/2017 RAMESHWAR SINGH & ANR. ..... Petitioner Represented by: Ms. Shalini Kappor, Mr. Dikshant Khanna, Ms. Ruhini Dey, Advs. versus STATE & ANR. ..... Respondent Represented by: Ms. Iti Pandey, proxy Adv. for Ms. Nandita Rao, ASC with ASI Kamlesh Kumar PS Sec.23, Dwarka. Mr. Madhurendra Jha, Adv. for R-2.

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CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

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O R D E R 09.03.2018

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By the present petition the petitioners seek quashing of FIR No. 220/2014 under Sections 323/341/506/509/34 IPC registered at PS Sector23, Dwarka, 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 proxy counsel for the learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the W.P.(CRL) 144/2017 page 1 of 3

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above-noted FIR the two petitioners are the only accused and respondent No.2 the only complainant/ victim. A special power of attorney by respondent No.2 in favour of her husband Vir Vijay Singh has been executed copy of which is placed on record at pages 44 and 45 of the paper book. This Court has also perused the original power of attorney and returned the same to Shri Vir Vijay Singh who is present in Court.

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Shri Vir Vijay Singh is present in Court and is identified by the learned counsel. He states that the parties had settled the matter before this Court in FAO (OS) 341/2015. Pursuant to the settlement arrived at between the parties respondent No.2/ Smt. Sushma Singh who is the wife of Vir Vijay Singh does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

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Petitioner No.1 is the father of petitioner No.2 and respondent No.2. He is represented through his power of attorney holder Ms. Laxmi Prabha Singh. Copy of the special power of attorney executed by petitioner No.1/ Rameshwar Singh is at pages 25 to 26 of the paper book. Petitioner No.2 is present in Court and is also identified by the learned counsel. Special power of attorney holder of the petitioner No.1 and petitioner No.2 affirm the statement of power of attorney holder of respondent No.2 and pray that the above-noted FIR and the proceedings pursuant thereto be quashed in view of the holistic settlement arrived at between the parties.

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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 W.P.(CRL) 144/2017 page 2 of 3

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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. 220/2014 under Sections 323/341/506/509/34 IPC registered at PS Sector-23, Dwarka, Delhi and proceedings pursuant thereto are hereby quashed.

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

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Petition is disposed of. Order dasti.

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MUKTA GUPTA, J.

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MARCH 09, 2018 ‘ga’

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page 3 of 3

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W.P.(CRL) 144/2017

Rameshwar Singh & Anr. v. State & Anr.

Case brief

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Rameshwar Singh & Anr. v. State & Anr.

Case brief

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