Quashed

Hem Goyal v. State Govt. of NCT of Delhi and Anr.

Delhi HC21 Feb 2024CRL.M.C./1404/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed FIR No. 54/2017 and consequential proceedings under sections 354(A), 506, and 509 of the IPC. The petition sought quashing based on a dispute between neighbours that was settled via a Memorandum of Understanding.

What did the court decide?

FIR No. 54/2017 and all consequential proceedings, including the chargesheet before the Metropolitan Magistrate, are quashed.

Hem Goyal Vs State Govt. of NCT of Delhi and Anr. — Quashing and FIR | Delhi HC (2024)

¶1

$~64

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 1404/2024

¶4

HEM GOYAL ..... Petitioner

¶5

Through: Ms. Kamakshi Garg, Advocate alongwith petitioner in person.

¶6

versus

¶7

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

¶8

Through: Mr. Sunil Kumar Gautam, APP for the State with SI Rajat Khaiwal, P.S. Paschim Vihar, East. Ms. Chanchal Kumari, Advocate for R-2 alongwith R-2 in person.

¶9

CORAM: HON'BLE MR. JUSTICE AMIT SHARMA

¶10

% 21.02.2024

¶11

CRL.M.A. 5550/2024 (Exemption)

¶12

Exemption allowed, subject to just exceptions.

¶13

The application is accordingly disposed of.

¶14

CRL.M.C. 1404/2024

¶15

The present petition filed under Section 482 of the Cr.P.C. seeks quashing of FIR No. 54/2017, under Sections 354(A)/506/509 of the IPC, registered at P.S. Paschim Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Aneeza Bishnoi, learned Metropolitan Magistrate, Mahila Court (West), Tis Hazari Courts, Delhi.

¶16

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 26/02/2024 at 15:18:25

¶17

Learned counsel appearing on behalf of the petitioner submits that the latter and respondent no. 2 are neighbours and on account of some dispute relating to construction, the present FIR was registered. During the pendency of the aforesaid proceedings, the parties have since settled their dispute and entered into Memorandum of Understanding dated 15.02.2024. In pursuance of which, respondent no. 2 has no objection, if the present FIR and subsequent chargesheet are quashed.

¶18

Petitioner and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer SI Rajat Khaiwal, P.S. Paschim Vihar, East. 6. The complainant/respondent no.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. 7. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 8. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

¶19

“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 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.”

¶20

In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 54/2017, under Sections

¶21

This is a digitally signed order.

¶22

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 26/02/2024 at 15:18:25

¶23

354(A)/506/509 of the IPC, registered at P.S. Paschim Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Aneeza Bishnoi, learned Metropolitan Magistrate, Mahila Court (West), Tis Hazari Courts, Delhi.

¶24

In the interest of justice, the petition is allowed, and the FIR No. 54/2017, under Sections 354(A)/506/509 of the IPC, registered at P.S. Paschim Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Aneeza Bishnoi, learned Metropolitan Magistrate, Mahila Court (West), Tis Hazari Courts, Delhi, is hereby quashed.

¶25

Petition is allowed and disposed of accordingly.

¶26

Pending application(s), if any, also stand disposed of.

¶27

AMIT SHARMA, J

¶28

FEBRUARY 21, 2024/bsr

¶29

This is a digitally signed order.

¶30

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 26/02/2024 at 15:18:25

Hem Goyal v. State Govt. of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Hem Goyal v. State Govt. of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nanak Chand Sharma Vs the State

Jamal Ranjha Vs State Govt.of NCT of Delhi

Pradyumna Pujari & Ors. Vs State NCT of Delhi and Anr.

Sanjeev Kumar Vs State (Nct of Delhi)

Yogesh @ Sonu Vs State of NCT of Delhi

Manik Sharma & Ors. Vs the State (Gnct of Delhi) & Anr.