The court quashed an FIR and subsequent proceedings under various IPC sections based on a verified settlement and compromise deed between the parties, finding it in the interest of justice.
Quashed FIR No. 258/2016 and proceedings pursuant thereto against all accused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~73
KULDEEP SINGH ..... Petitioner
Represented by: Mr. Vivek Singh and Mr. Kushal Mangal, Advocates.
versus
THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondent Represented by: Mr. Ashish Aggarwal, ASC with SI Balbir Singh, PS Mehrauli.
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
Crl.M.A. No. 2534/2018 (Exemption)
Allowed, subject to all just exceptions.
W.P.(CRL) 429/2018
By the present petition the petitioners seek quashing of FIR No. 258/2016 under Sections 323/341/354/354B/506/509/34 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, the respondent No.2 the only complainant/ victim and respondent No. W.P.(CRL) 429/2018 page 1 of 2
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 Petitioners vide compromise deed dated 20th May, 2017, copy of which is placed on record at pages 32 to 34 of the paper book and 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. 258/2016 under Sections 323/341/354/354B/506/509/34 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.
MARCH 15, 2018 MUKTA GUPTA, J. ‘yo’ W.P.(CRL) 429/2018 page 2 of 2
page 2 of 2
1 issue framed by the court
Whether the FIR and proceedings should be quashed on the ground of settlement between parties.
1 provisions across 1 enactments
Kuldeep Singh
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
