This petition sought quashing of an FIR under Section 482 CrPC due to a settlement. The Delhi High Court allowed the petition, ruling that continued proceedings were futile and quashed the FIR and all consequential proceedings in the interest of justice.
The FIR No.0161/2016 under Sections 354/354A/506/509 IPC and all consequential proceedings are quashed.
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.
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NARESH KUMAR ..... Petitioner
Through: Mr Alamine, Advocate.
versus
STATE & ANR. ..... Respondents Through: Mr Hemant Mehla, APP for the State with Mr Dipanshu Meena, Advocate with Insp. Lalit, P.S. Gulabi Bagh.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 08.02.2024
CRL.M.A. 4010/2024
CRL.M.C. 1000/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 14:26:43
and they have been identified by their respective counsel.
“58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor.”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 14:26:43
VIKAS MAHAJAN, J
FEBRUARY 8, 2024 MK
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 14:26:43
2 issues framed by the court
Whether the criminal proceedings should be quashed given the settlement between the parties despite the offences being non-compoundable.
Whether continuation of the criminal proceedings amounts to an exercise in futility given the settlement.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabReferred¶25
Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) · Who else cites this
2 provisions across 2 enactments
NARESH KUMAR
STATE
RESPONDENT NO. 2
Vikas Mahajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vikas Mahajan
Parties & counsel
