Allowed

Abhishek Tygai & Ors. v. State & Anr.

Delhi HC9 Feb 2024CRL.M.C./1049/2024

Case brief

AI extract

What is this about?

High Court at Delhi quashed FIR No. 579/2023 under Sections 420 IPC and 34 CrPC after parties settled and the complainant acknowledged receipt of Rs.4 lacs. Court directed petitioners to deposit Rs.5,000 each with DSLSA within two weeks as condition for quashing.

What did the court decide?

FIR No. 579/2023 is hereby quashed subject to payment of cost of Rs.5,000 by each petitioner to DSLSA within two weeks.

Abhishek Tygai & Ors. Vs State & Anr. — Quashing and FIR | Delhi HC (2024)

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$~82

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1049/2024 & CRL.M.A. 4188/2024

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ABHISHEK TYGAI & ORS. ..... Petitioners Through: Mr. Mohit Auluck, Advocate with petitioners in person.

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versus

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STATE & ANR. ..... Respondents Through: Mr. Aashneet Singh, APP for State with SI Rajiv Kumar PS Vijay Vihar, Delhi. Respondent No.2 in person.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 09.02.2024

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The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 579/2023 registered under Section 420/34 IPC at Police Station Vijay Vihar, Rohini Distt., Delhi on the ground that the parties have amicably settled their disputes.

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The present FIR has been lodged at the instance of the complainant/respondent No. 2 against the present petitioners alleging that the petitioners have cheated the complainant/respondent No. 2.

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Learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No. 2 is the only complainant/victim. He further submits that the present case is pending investigation.

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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 14:27:02

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Learned counsel for the petitioners submits that the parties have settled the matter and in lieu thereof, the petitioners have paid an amount of Rs.4 lacs to respondent No.2.

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The petitioners, who are present in the Court are identified by the Investigating Officer/ SI Rajiv Kumar PS Vijay Vihar, Delhi as well as by their counsel. Respondent No.2 is identified by the IO.

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Respondent No. 2 acknowledges the factum of settlement as well as receipt of the said amount of Rs.4 lacs and states that he has entered into the aforesaid settlement out of his own free will, volition and without any coercion. He further states that he has no objection if the present FIR and consequent proceedings are quashed. An affidavit of Respondent No. 2 in this regard has been placed on record .

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Learned counsel for the petitioner submits that no other proceedings are pending between the parties.

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The parties shall remain bound by the statements made in Court today.

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In view of the above facts and since no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR is hereby quashed, subject to payment of cost of Rs.5,000/- by each of the petitioners to be deposited with Delhi State Legal Services Authority (‘DSLSA’) within a period of two weeks.

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Proof evidencing receipt of deposit shall be filed with the Investigating Officer as well as in Court.

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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 14:27:02

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In case the receipt of deposit of cost is not filed within two weeks, the matter be placed before the Court.

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With the above directions, the petition is disposed of alongwith pending application.

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MANOJ KUMAR OHRI, J

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FEBRUARY 9, 2024/ rd

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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 14:27:02

Abhishek Tygai & Ors. v. State & Anr.

Case brief

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Abhishek Tygai & Ors. v. State & Anr.

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