The High Court of Delhi quashed FIR No. 1152/2005 registered under Sections 448/380/34 of IPC due to a settlement reached by parties. The petitioners were ordered to deposit ₹25,000 as cost with the Legal Services Committee within a week.
FIR No. 1152/2005 and all proceedings emanating thereto quashed.
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..... Petitioners
versus
THE STATE GOVT OF NCT OF DELHI & ORS
..... Respondents Through Respondents No. 2 & 3 along with their counsel Mr. Subhash, Adv
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
O R D E R
% 12.02.2018
The petitioners are seeking quashing of the present FIR No. 1152/2005 registered under Sections 448/380/34 of the IPC at Police Station Sangam Vihar on the complaint of respondent No. 2 Sudesh. Respondents No. 2 and her husband respondent No.3 Udai Singh are present in Court. The allegations in the FIR have been perused. Parties have arrived at out of Court settlement and a memorandum of understanding dated 07.01.2018 duly signed by all the parties is on record. The petitioners are also present. Presence of the parties has been identified by their counsel as also by the Investigating Officer. It is stated that incident has occurred only on a dispute inter-se the parties for the reasons that the respondents were occupying a shop of the petitioners in their capacity as tenants. That shop now stands vacated. It is stated that with the intervention of elder and other senior
relatives and friends, parties have entered into a settlement and wish to live comfortably without the pressure of any further litigation. Learned counsel for the State points out that the FIR is of the year 2005 and charge-sheet has since been filed and evidence of parties is going on. If at all the prayer made in the present is granted, it should be subject to cost. This Court notes this factual position. This Court notes that the next date fixed before the Trial Court for evidence of the parties. While granting the prayer made in the present petition, present FIR No. 1152/2005 registered under Sections 448/380/34 of the IPC at Police Station Sangam Vihar and all proceedings emanating thereto be quashed. The petitioners are burdened with cost of ₹25,000/- to be deposited with Delhi High Court Legal Services Committee. This order shall be complied with within a period of one week.
Petition disposed of.
Order be given dasti under signatures of the Court Master.
INDERMEET KAUR, J
FEBRUARY 12, 2018 A
3 issues framed by the court
Whether the FIR registered under Sections 448/380/34 of IPC should be quashed in light of out-of-court settlement.
Whether the quashing order should be conditioned upon depositing costs.
Whether proceedings with grant of quashing still be ongoing in trial court for evidence of parties.
1 provisions across 1 enactments
RAVINDER @ LILLY
ANR
THE STATE GOVT OF NCT OF DELHI
SUDESH
UDAI SINGH
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
