Delhi HC quashed FIR No. 314/2019 under CrPC Sec 482 citing settlement and settlement-based reference to exemption of proceeding under CrPC Sec 482 IPC Sec 341;323;354;354A;509;34
FIR No. 314/2019 and all consequential proceedings were quashed. Petitioners to deposit Rs. 25,000 with DSLSA within one week.
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ROHIT KUMAR GUPTA & ORS. ..... Petitioners
Through: Mr. Vivek Kadyan and Ms. Arunima Kadyan, Advocates alongwith petitioner in person.
versus
STATE GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Sunil Kumar Gautam, APP for the State.
SI Vijay Dahiya, PS Prashant Vihar. Mr. Vijay Yadav, Advocate for R-2 alongwith R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
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 23/02/2024 at 10:49:32
Prashant Vihar, at the instance of wife of petitioner no. 2 herein against the family members of respondent no. 2.
“61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to
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 23/02/2024 at 10:49:32
an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”
AMIT SHARMA, J
FEBRUARY 19, 2024 /sn
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 23/02/2024 at 10:49:32
1 issue framed by the court
Whether the High Court ought to quash the FIR and consequential proceedings upon a settlement between parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabExplained¶21
Gian Singh v. State of Punjab, (2012) 10 SCC 303 · Who else cites this
2 provisions across 2 enactments
ROHIT KUMAR GUPTA & ORS.
STATE GOVT OF NCT OF DELHI
SI VIJAY DAHIYA
AMIT SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
