Padam Singh v. State & Anr.
Case brief
What is this about?
Petitioner sought quashing of FIR alleging false declaration in passport application. Court quashed proceedings after finding voluntary settlement with complainant, including payment of relief and correction of records.
What did the court decide?
FIR No. 162/2004 under Sections 506/509 IPC and Section 12 of Passport Act and consequent proceedings are quashed. Miscellaneous application disposed of as infructuous.
What the court decided
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| * **IN THE HIGH COURT ** |
OF DELHI AT NEW DELHI |
|---|
- CRL.M.C. 3680/2017 PADAM SINGH ..... Petitioner Through: Mr. R.K. Singh, Adv. with petitioner in person. versus STATE & ANR ..... Respondents Through: Mr. G.M. Farooqui, APP with SI Bharat, P.S. Civil Lines. Ms. Abyamma E.T., Adv. for R-2 along with R-2 in person. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK O R D E R % 08.01.2018
It is submitted that petitioner and respondent no.2 have settled their disputes amicably vide Memorandum of Understanding dated 22nd June, 2017, therefore, FIR No. 162/2004 under Sections 506/509 IPC and Section 12 of Passport Act registered at police station Civil Lines, on the complaint of respondent no.2, may be quashed. Respondent no.2 has alleged in the FIR that petitioner had wrongly given her name as his wife in the application form submitted with the passport authority for issuance of a passport. Petitioner has already got the necessary corrections done in the records of passport authority after paying penalty of `5,000/-. Original passport has been produced in Court, photocopy of the relevant pages have been placed
on record.
Respondent no.2 is present in Court and has been identified by SI Bharat of police station Civil Lines. Respondent no.2 submits that she has settled the matter of her own free will and without any undue force, pressure or coercion. She further submits that she has already received settled amount of `3.50 lacs from the petitioner and has no objection in case FIR is quashed.
Keeping in mind the voluntary settlement arrived at between the petitioner and respondent no.2, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.
Issues for consideration
2 issues framed by the court
Whether FIR under Sections 506/509 IPC and Section 12 of Passport Act can be quashed on account of amicable settlement between petitioner and complainant.
Whether the settlement was voluntary and arrived at without coercion.
Parties & counsel
- petitioner
PADAM SINGH
- respondent
STATE
- respondent
RESPONDENT NO.2
Coram
Case details
As recorded by the court registry
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