The High Court of Delhi issued a order quashing an FIR registered under sections 354, 509, 506 and 34 of IPC. The parties had settled the matter via a compromise deed, resolving differences amicably without coercion.
FIR No. 271/2016 and proceedings pursuant thereto were quashed against all accused.
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versus THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondent Represented by: Ms. Kamna Vohra, ASC with SI Balbir Singh, PS Mehrauli. Respondents in person.
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 15.03.2018
By the present petition the petitioners seek quashing of FIR No. 271/2016 under Sections 354/509/506/34 IPC registered at PS Mehrauli, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.
Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the two petitioners are the only accused, respondent No.2 the only complainant/ victim and respondent No. 3 the other victim.
Respondents No. 2 and 3 who are present in Court and are identified by the Investigating Officer state that they have settled the matter with the W.P.(CRL) 428/2018 page 1 of 2
petitioners vide the compromise deed dated 20th May, 2017, copy of which is placed on record at pages 28 to 30 of the paper book. In terms of the settlement they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
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 compromise deed dated 20th May, 2017.
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.
Consequently, FIR No. 271/2016 under Sections 354/509/506/34 IPC registered at PS Mehrauli, Delhi and proceedings pursuant thereto are hereby quashed against all the accused.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
Petition is disposed of. Order dasti.
MUKTA GUPTA, J.
MARCH 15, 2018 ‘yo’
W.P.(CRL) 428/2018
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1 issue framed by the court
Whether the FIR and proceedings should be quashed upon settlement of the matter by the parties.
4 provisions across 1 enactments
Manish Kumar Sinha
The State, Govt of NCT of Delhi
Mukta Gupta
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
