Allowed

Paras Ram Mishra @ Parashu Ram Mishra v. the State Govt. of NCT of Delhi and Anr.

Delhi HC8 Feb 2024CRL.M.C./1012/2024

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. to quash FIR No.1811/2015 (Sections 420/467/468/471 IPC) on the basis of a settlement with the complainant. The complainant affirmed the compromise without coercion. The Court quashed the FIR and consequential proceedings, subject to costs deposited for POCSO victim counselling.

What did the court decide?

FIR No.1811/2015 PS Mangolpuri and consequential proceedings against petitioner quashed, subject to Rs.15,000 costs deposited with DSLSA within two weeks.

Paras Ram Mishra @ Parashu Ram Mishra Vs the State Govt. of… — Quashing and FIR | Delhi HC (2024)

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$~65

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1012/2024

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PARAS RAM MISHRA @ PARASHU RAM MISHRA

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..... Petitioner Through: Mr.Suryadeo Kushwaha, Adv.

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versus

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THE STATE GOVT. OF NCT OF DELHI AND ANR.

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..... Respondents Through: Mr.Aman Usman, APP SI Sadhna. Mr.Dharamjeet, Adv for R-2 with R-2 in person.

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CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R

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% 08.02.2024

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CRL.M.A. 4041/2024 (Exemption)

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Allowed, subject to all just exception.

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CRL.M.C. 1012/2024

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This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No.1811/2015, registered at Police Station: Mangolpuri, OuterDistrict, Delhi, under Sections 420/467/468/471 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of a settlement.

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Issue notice.

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Notice accepted by Mr.Aman Usman learned APP, and Mr.Dharamjeet learned counsel for the respondent no.2.

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This is a digitally signed order.

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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 14:26:58

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The learned counsel for the petitioner submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Compromise entered into between the parties, recorded in the order dated 08.12.2020 in CS No. 1927/18 titled as Sukam Chand v. Sat Narain , before the learned Senior Civil Jude/Rent Controller, North West District, Rohini Courts, Delhi.

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The respondent no.2, who is present in person in Court and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that he has settled all the disputes with the petitioner of his own free will and without any coercion. The respondent no.2 submits that he has no objection if the present FIR is quashed.

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I have perused the contents of the FIR and also the settlement between the parties.

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Keeping in view the fact that parties the respondent no.2 does not wish to pursue his complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as the chances of its success will be rather minuscule and it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

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Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab , (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it

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This is a digitally signed order.

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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 14:26:58

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appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

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Accordingly, the petition is allowed. FIR No.1811/2015 registered at Police Station: Mangolpuri, Outer-District, Delhi, under Sections 420/467/468/471 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioners deposit costs of Rs.15,000/- with the Delhi State Legal Services Authority within a period of two weeks from today, and file proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, within the said period.

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The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing counselling/psychological support to the POCSO Victims requiring such assistance.

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The petition is disposed of in the above terms.

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NAVIN CHAWLA, J

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FEBRUARY 8, 2024/Arya/ss Click here to check corrigendum, if any

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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 14:26:58

Paras Ram Mishra @ Parashu Ram Mishra v. the State Govt. of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Paras Ram Mishra @ Parashu Ram Mishra v. the State Govt. of NCT of Delhi and Anr.

Case brief

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What did the court decide?

What the court decided

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