Petitioners challenged quashing of FIR under Sections 420/34 IPC. Respondent settled matter without interest in pursuing FIR and received sum of money. Court held parties had amicably resolved differences and proceedings served no useful purpose.
FIR No.465/2016 and proceedings pursuant thereto are hereby quashed qua all the accused.
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AMAR SINGH BARARA & ORS. .... Petitioners Represented by: Petitioner Nos. 1, 2, 3 and 5 in person. versus THE STATE (NCT OF DELHI) & ORS. ..... Respondents Represented by: Mr.Rajesh Mahajan, ASC for the State with SI Md.Imtajar Alam, PS Shahbad Dairy Respondent No.2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 06.03.2018
By this petition the petitioners seek quashing of FIR No.465/2016 under Sections 420/34 IPC registered at PS Shahbad Dairy on the complaint of respondent No.2 Gajinder Kumar and the proceedings pursuant thereto on the ground that the parties have settled the matter.
Learned Additional Standing Counsel for the State on instructions from the Investigating Officer submits that in the above noted FIR after investigation, charge-sheet has been filed only against Amar Singh Barara (petitioner No.1), Jitender Khatri (petitioner No.2) and Sheela Rani (petitioner No.5). He states that Anurag Sherawat (petitioner No.3) and Dheeraj Hooda (petitioner No.4) have been kept in Column No.12 however, no cognizance has been taken qua them by the learned Metropolitan W.P.(CRL) 446/2017 Page 1 of 3
Magistrate. He further states that respondent No.2 is the only complainant/victim in the above noted FIR.
Respondent No.2 is present in Court and is identified by the Investigating Officer. He states that he has settled the matter with the petitioners at the Delhi Mediation Centre, District Courts, Rohini on 27th October, 2016 and in lieu of the settlement he has already received a sum of ₹10,25,000/-. He further states that he has now no claim in plot No.319, Block C-4, Sector-34, Rohini, Delhi and does not wish to pursue the above noted FIR and the proceedings pursuant thereto.
Petitioners No.1, 2, 3 and 5 are present in person and are identified by the Investigating Officer. Since petitioner No.4 had to leave the Court due to an emergency in the family, he is exempted from appearing before this Court. Petitioners No.1, 2, 3 and 5 affirm the statement of respondent No.2.
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, 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.465/2016 under Sections 420/34 IPC registered at PS Shahbad Dairy and proceedings pursuant thereto are hereby quashed qua all the accused.
Parties i.e. petitioner No.1, 2, 3 and 5 and respondent No.2 have signed this order sheet in acknowledgment of their statements made before this Court.
W.P.(CRL) 446/2017
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Petition is disposed of. Order dasti.
MUKTA GUPTA, J.
MARCH 06, 2018 ‘rk’
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W.P.(CRL) 446/2017
2 issues framed by the court
Whether FIR convicted only some accused and set cases pending can be discontinued under Section 482 of CrPC 1973.
Whether the settlement of parties has resolved the dispute thereby rendering the prosecution unnecessary.
2 provisions across 2 enactments
AMAR SINGH BARARA
JITENDER KHATRI
SHEELA RANI
GAJINDER KUMAR
THE STATE (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
