Allowed

Savinder Gupta & Ors. v. State (Govt. of NCT of Delhi) & Ors.

Delhi HC20 Aug 2018W.P.(CRL)/2470/2018

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR alleging assault. The court held that since parties amicably settled the matter without coercion, quashing the FIR and proceedings served the interest of justice and disposed of the petition allowing the application subject to exceptions.

What did the court decide?

FIR No. 25/2018 under Sections 323/325/342/34 IPC and proceedings pursuant thereto are quashed.

Savinder Gupta & Ors. Vs State (Govt. of NCT of Delhi) & Ors. — Quashing and FIR | Delhi HC (2018)

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$~59

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IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2470/2018 SAVINDER GUPTA & ORS. ..... Petitioners Represented by: Mr. Anil Vyas, Advocate.

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versus STATE (GOVT. OF NCT OF DELHI) & ORS. ..... Respondents Represented by: Ms. Richa Kapoor, ASC with Ms. Amita Sachdeva, Advocate with SI Anuj Singh, PS Hazrat Nizamuddin and ASI Harbir Singh, PS Sun Light Colony. Mohd. Mustafa, Advocate for R-2 and R-3.

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CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

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O R D E R % 20.08.2018

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Crl.M.A. No. 30327/2018 (Exemption)

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Allowed, subject to all just exceptions.

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W.P.(CRL) 2470/2018

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By the present petition, the petitioners seek quashing of FIR No. 25/2018 under Sections 323/325/342/34 IPC registered at PS Hazrat Nizamuddin, 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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W.P.(CRL) 2470/2018

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page 1 of 3

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Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the three petitioners are the only accused and the respondent No.2 is the complainant/ victim and respondent No. 3 the other victim.

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Respondent Nos. 2 and 3 who are present in Court and are identified by the learned counsel and Investigating Officer state that the dispute if any was between other boys and the petitioners had no connection and in any case they have settled the matter with the petitioners who are their neighbours and in view of the settlement arrived at between the parties they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

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Petitioners who are present in Court and are identified by the learned counsel state that there was no involvement initially, however, since some of the children were fighting and the petitioner No. 1 tried to intervene and also went to the PS Sun Light Colony to get the matter settled, some of the boys get agitated and were assaulting him when this incident took place. Learned ASC for the State on instruction from the Investigating Officer states that the petitioner No. 1 lodged his complaint at PS Sun Light, however, no action was taken thereon. Petitioners further state that they have settled the matter with the respondent Nos. 2 and 3 and thus the abovementioned FIR and the proceedings pursuant thereto be quashed.

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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, it would be

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page 2 of 3

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W.P.(CRL) 2470/2018

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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. 25/2018 under Sections 323/325/342/34 IPC registered at PS Hazrat Nizamuddin, 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.

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Order dasti.

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MUKTA GUPTA, J.

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AUGUST 20, 2018 ‘yo’

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page 3 of 3

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W.P.(CRL) 2470/2018

Savinder Gupta & Ors. v. State (Govt. of NCT of Delhi) & Ors.

Case brief

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Savinder Gupta & Ors. v. State (Govt. of NCT of Delhi) & Ors.

Case brief

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