The High Court of Delhi allowed the petition to quash FIR No.0320/2017 under Sections 406/420/34 IPC. The parties had settled with Rs.12 lakhs received by the complainant who withdrew his claim, making it a fit case for quashing.
FIR No.0320/2017 registered under Sections 406/420/34 IPC and all proceedings emanating therefrom are quashed.
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SANJAY KHANDELWAL & ORS
..... Petitioners
Through Mr.C.M.Sharma, Adv.
versus
STATE (GNCTD) & ANR
..... Respondents Through Mr.Sanjay Lao, ASC for the State with ASI Sunil Dutt.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR O R D E R
% 09.02.2018
Parties have settled their disputes. Petitioners are seeking quashing of the present FIR i.e. the FIR No.0320/2017 registered on the complaint of respondent no.2 under Sections 406/420/34 of the IPC at police station Rohini. In terms of the settlement arrived at between the parties, a sum of Rs.12 lakhs has been received by respondent no.2 in full and final settlement of his all claims. Respondent no.2 is present in person. He endorses this settlement. It is stated that respondent no.2 does not wish to pursue this FIR proceedings any further. The presence of respondent no.2 has been identified by the Investigating Officer (present in the Court today).
Learned counsel for the State points out that the investigation is
in progress but charge sheet has not yet been filed.
Keeping in view the narration of facts and in the interest of justice, this will be a fit case where the prayer made in the petitioner should be allowed. Accordingly, FIR No.0320/2017 registered on the complaint of respondent no.2 under Sections 406/420/34 of the IPC at police station Rohini and all the proceedings emanating therefrom are quashed.
Petition disposed of in the above terms.
INDERMEET KAUR, J
FEBRUARY 09, 2018 ndn
2 issues framed by the court
Whether FIR No.0320/2017 under Sections 406/420/34 of the IPC should be quashed in a fit case upon settlement?
Whether the interest of justice permits quashing of criminal proceedings despite ongoing investigation?
1 provisions across 1 enactments
Sanjay Khandelwal & Ors
State (GNCTD) & Anr
Indermeet Kaur
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
