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Kaptan Singh & Ors. v. the State Gnct of Delhi & Anr.

Delhi HC4 Jan 2018W.P.(CRL)/2794/2017

Case brief

AI extract

What is this about?

Petition seeks quashing of an FIR and subsequent proceedings due to a complete settlement between the parties. The Court accepted the petitioners' settlement and ordered the quashing of the FIR and proceedings on the grounds that no useful purpose would be served by continuing proceedings and to prevent further acrimony.

What did the court decide?

FIR No. 324/2015 under Sections 323/354/354A/506/34 IPC and all proceedings pursuant thereto are quashed against the accused.

Kaptan Singh & Ors. Vs the State Gnct of Delhi & Anr. — Quashing and FIR | Delhi HC (2018)

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$~20

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 2794/2017

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KAPTAN SINGH & ORS ..... Petitioners Represented by: Mr. Anil Gahlot, Advocate with petitioners in person.

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versus

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THE STATE GNCT OF DELHI & ANR ..... Respondent Represented by: Ms. Richa Kapoor, Additional Standing Counsel for State with Mr. Ashish Negi, Advocate with ASI Madan, PS Nangloi. Mr. Pankaj Kashyap and Mr. Anand Darshan, Advocates for respondent No.2 with respondent No.2 in person.

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CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

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O R D E R % 04.01.2018

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By the present petition the petitioners seek quashing of FIR No. 324/2015 under Sections 323/354/354A/506/34 IPC registered at PS Nangloi, 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 Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the three petitioners are the only accused and the respondent No.2 is the only complainant/ victim.

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Respondent No. 2 who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the W.P.(CRL) 2794/2017 page 1 of 2

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matter with the petitioners holistically. In terms of the settlement divorce by mutual consent has been granted between Deepak Hooda, son of petitioner Nos. 1 and 2 and brother of petitioner No. 3. She further states that in terms of settlement she has no claim whatsoever remaining against the petitioners and she does 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 affirm the statement of respondent No.2 and undertake to abide by the terms of 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 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. 324/2015 under Sections 323/354/ 354A/506/34 IPC registered at PS Nangloi, Delhi and proceedings pursuant thereto are hereby quashed against all the accused.

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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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JANUARY 04, 2018/‘yo’

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page 2 of 2

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W.P.(CRL) 2794/2017

Kaptan Singh & Ors. v. the State Gnct of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Kaptan Singh & Ors. v. the State Gnct of Delhi & Anr.

Case brief

What is this about?

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What the court decided

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