Quashed

Sh Naresh v. State Govt of NCT of Delhi and Ors.

Delhi HC26 Sept 2024CRL.M.C./1132/2024

Case brief

AI extract

What is this about?

The High Court of Delhi quashed FIR No. 254/2017 and closed all subsequent proceedings following an amicable settlement between the petitioner and the respondents. The Court, relying on Gian Singh and Narinder Singh, held that continuation of proceedings was an exercise in futility.

What did the court decide?

FIR No. 254/2017 is quashed; all proceedings arising therefrom stand closed.

Sh Naresh Vs State Govt of NCT of Delhi and Ors. — Quashing and FIR | Delhi HC (2024)

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$~26

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1132/2024

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SH NARESH .....Petitioner

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Through: Mr. Rahul Bharti, Advocate.

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versus

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STATE GOVT OF NCT OF DELHI AND ORS. .....Respondents

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Through: Ms. Shubhi Gupta, APP for the State with SI Reena, P.S.: Ranjit Nagar.

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 26.09.2024

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CRL.M.C. 1132/2024

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By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioner seeks quashing of case FIR No. 254/2017 dated 12.08.2017 registered under section 363 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Ranjit Nagar, Delhi. Consequent upon completion of investigation, allegations under sections 365/366/323/506/376 IPC and sections 4/6 of the Protection of Children from Sexual Offences Act, 2012 were added vide chargesheet dated 28.10.2017.

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The petition is premised on Memorandum of Understanding/Settlement/Compromise Deed dated 27.01.2024,

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Page 1 of 3

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CRL.M.C. 1132/2024

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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 05/10/2024 at 10:46:22

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whereby the petitioner and respondents Nos. 2 and 3 have resolved the matter amicably.

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The petition is also supported by affidavits of the petitioner and of respondent Nos. 2 & 3, alongwith proof of their I.D.s.

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The contesting parties are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

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The court has interacted with respondents Nos.2 and 3, as also with the petitioner, who have confirmed that they have now resolved the matter and a Memorandum of Understanding/Settlement/Compromise Deed dated 27.01.2024 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

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Ms. Shubhi Gupta, learned APP confirms that the State has no objection to the subject FIR being quashed.

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In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

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Page 2 of 3

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CRL.M.C. 1132/2024

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This is a digitally signed order. CRL.M.C. 1132/2024 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 05/10/2024 at 10:46:22

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Accordingly, FIR No. 254/2017 dated 12.08.2017 registered at P.S.: Ranjit Nagar, Delhi is quashed. All proceedings arising therefrom also stand closed.

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Petition stands disposed-of.

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Pending applications, if any, also stand disposed-of.

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ANUP JAIRAM BHAMBHANI, J

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SEPTEMBER 26, 2024/ ak

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Page 3 of 3

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CRL.M.C. 1132/2024

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This is a digitally signed order. CRL.M.C. 1132/2024 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 05/10/2024 at 10:46:22

Sh Naresh v. State Govt of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Sh Naresh v. State Govt of NCT of Delhi and Ors.

Case brief

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