Allowed

Atul Rathore & Ors. v. State (Govt of NCT Delhi) & Ors.

Delhi HC7 Feb 2018CRL.M.C./649/2018

Case brief

AI extract

What is this about?

The Delhi High Court quashed the FIR under Sections 323/354/354B/509/34 IPC arising from a misunderstanding, holding that settled disputes and lack of likelihood of conviction warrant quashing to serve the interest of justice.

What did the court decide?

The petition was allowed and the subject FIR No.2850/2015 under Sections 323/354/354B/509/34 IPC and the proceedings arising therefrom were quashed.

Atul Rathore & Ors. Vs State (Govt of NCT Delhi) & Ors. — Cheating and Forgery | Delhi HC (2018)

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$~62

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 649/2018

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ATUL RATHORE & ORS ..... Petitioners

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Through Mr. Shamsher Ali, Advocate

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versus

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STATE (GOVT OF NCT DELHI) & ORS ..... Respondents Through Mr. Mukesh Kumar, APP for the State. Mr. Athar Azam, Mrs. Sumbr Ajhar, Ms. Payal Bahl and Mr. Fazal Waris Khan, Advocates for respondent Nos.2 to 5. ASI Barmeshwar Goswami, PS Mehrauli.

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CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R % 07.02.2018

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Crl.M.A.2341/2018 (exemption)

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Exemption is allowed subject to all just exceptions.

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CRL.M.C. 649/2018

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The petitioners seek quashing of FIR No.2850/2015 under Sections 323/354/354B/509/34 IPC, Police Station Mehrauli based on a settlement.

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It is contended that the subject disputes occurred due to misunderstanding and confusion on the spur of the moment without any pre-mediation.

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CRL.M.C. 649/2018

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Page 1

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The parties have now resolved their disputes with the intervention of neighbours and other respectable members of the Society. A Memorandum of Understanding has been executed between the parties on 10.01.2018.

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The respondent Nos.2 to 5 are present in Court and are identified by their counsel as well as the Investigating Officer. They submit that they have settled their disputes and do not wish to press charges against the petitioners.

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In view of the fact that the parties have settled their disputes and the respondents do not wish to press the charges against the petitioner, I am of the view that the interest of justice would be served in not relegating the parties to trial and quashing the proceedings. Further, in view of the stand taken by the parties, there is no likelihood of conviction. The interest of justice also demands that the proceedings be quashed.

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In view of the above, the petition is allowed. The subject FIR No.2850/2015 under Sections 323/354/354B/509/34 IPC, Police Station Mehrauli and the proceedings arising therefrom are quashed.

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Order Dasti under signatures of the Court Master.

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SANJEEV SACHDEVA, J

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FEBRUARY 07, 2018 st

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CRL.M.C. 649/2018

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Atul Rathore & Ors. v. State (Govt of NCT Delhi) & Ors.

Case brief

What is this about?

What did the court decide?

Atul Rathore & Ors. v. State (Govt of NCT Delhi) & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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