Allowed

Smt Reshma Singh and Ors. v. State of NCT of Delhi and Anr.

Delhi HC23 Aug 2024CRL.M.C./1365/2024

Case brief

AI extract

What is this about?

The Single Judge allowed two petitions for quashing cross FIRs registered due to a neighbourhood quarrel. Relying on a settlement deed and the remote chances of conviction, the Court quashed the proceedings as a misuse of process.

What did the court decide?

The petitions allowed; FIRs No. 122/015 and 123/2015 PS Sonia Vihar and proceedings therefrom quashed.

Smt Reshma Singh and Ors. Vs State of NCT of Delhi and Anr. — Quashing and FIR | Delhi HC (2024)

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$~28 & 29

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 1365/2024 & CRL.M.A. 5416/2024 SMT RESHMA SINGH AND ORS .....Petitioners Through: Mr. T.N. Tripathi; Mr. Ranjit Singh; Mr. Pragyesh Pratap Singh; Mr. Pramod Ranjan, Advs.

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versus

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STATE OF NCT OF DELHI	AND ANR .....Respondents
Through:	Mr. Pradeep Gahlot, APP for State SI
	Deependra PS Sonia Vihar
	Mr. Kshitiz Ahuja, Mr. Kapil
	Chaudhary & Mr. Surender Singh,
	Advs. for R-2

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+ CRL.M.C. 1379/2024 & CRL	.M.A. 5447/2024
ABID HUSSAIN @CHHOTU	AND ORS .....Petitioners
Through: versus	Mr .Kshitiz Ahuja, Mr. Kapil Chaudhary & Mr. Surender Singh, Advs.
STATE OF NCT OF DELHI	AND ANR .....Respondents
Through:	Mr. Pradeep Gahlot, APP for State SI Deependra PS Sonia Vihar
	Mr. T.N. Tripathi; Mr. Ranjit Singh;
	Mr. Pragyesh Pratap Singh; Mr.
	Pramod Ranjan, Advs. for R-2

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R

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% 23.08.2024

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These petitions have been filed for quashing of cross FIRs, being FIR No. 122/015 and 123/2015 PS Sonia Vihar under various sections inter alia Sections 195A/452/354/323/34 IPC and section 8/12 POCSO, basis settlement deed dated 20^th November 2023, which is on record of this Court. 2. Petitioners and complainants in both these petitions are present in the Court or otherwise appearing through VC, are duly identified by the IO and

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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 28/08/2024 at 12:25:59

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their respective counsels.

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It is submitted jointly by the parties that they have no objection to quashing of the FIRs. Complainant in FIR 122/2015, who appears through VC, also states that she is now married and has no objection to quashing of the FIRs in view of settlement arrived at between the parties. 4. The FIRs were registered on the basis of quarrel between neighbours where the complainant in FIR 122/2015, who was minor at the relevant time, had stated that accused had poured water on her and asked her mother to withdraw the case. The Court has ascertained from the complainants, the circumstances in which these FIRs were registered, which seem to be completely related to the inter se quarrel and there is no other defining circumstance or incident, which would invite the rejection of the settlement.

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Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of these FIRs as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, both these petitions are allowed. Consequently, the FIR No. 122/015 and 123/2015 PS Sonia Vihar under various sections inter alia Sections 195A/452/354/323/34 IPC and proceedings emanating therefrom are quashed.

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Parties shall abide by the terms of settlement.

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Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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AUGUST 23, 2024/sm

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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 28/08/2024 at 12:25:59

Smt Reshma Singh and Ors. v. State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Smt Reshma Singh and Ors. v. State of NCT of Delhi and Anr.

Case brief

What is this about?

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