Disposed

Shri Shiv Shankar v. State through SHO Ps Krishna Nagar & Anr.

Delhi HC1 Mar 2024CRL.M.C./1571/2024

Case brief

AI extract

What is this about?

Quashing petition under Section 482 Cr.P.C. against FIR for Sections 323/354B IPC arising from a family quarrel between the petitioner and his wife's sister. Parties settled amicably by deed; respondent no. 2 confirmed settlement in person and State had no objection. The Court held continuation would be abuse of process and quashed the FIR and proceedings.

What did the court decide?

FIR No. 0312/2023 under Sections 323/354B IPC at PS Krishna Nagar and proceedings emanating therefrom quashed.

Shri Shiv Shankar Vs State through SHO Ps Krishna Nagar & Anr. — Quashing and FIR | Delhi HC (2024)

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$~58

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 01.03.2024

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- CRL.M.C. 1571/2024

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SHRI SHIV SHANKAR ..... Petitioner Through: Mr. Varun Maheshwari, Advocate with Petitioner-in-person.

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versus

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STATE THROUGH SHO PS KRISHNA NAGAR

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& ANR. ..... Respondents Through: Ms. Kiran Bairwa, APP for State with SI Rajbir Singh, PS: Krishna Nagar. Mr. Pranav Sharma, Advocate for R-2 with Respondent No. 2 in-person.

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CORAM:

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HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA % J U D G M E N T

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ANOOP KUMAR MENDIRATTA, J (ORAL)

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1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner for quashing of FIR No. 0312/2023, under Sections 323/354B IPC, registered at PS: Krishna Nagar, Delhi and the proceedings emanating therefrom.

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2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 along with respondent No. 2 in person appear on advance notice and accept notice.

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3. In brief, as per the case of the petitioner, respondent No. 2 is sister-inlaw of the petitioner. Present FIR was registered on 23.05.2023 by respondent No. 2, since there was a quarrel between petitioner and his wife

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Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Da te:0 5.03.2024 14:50:36

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CRL.M.C. 1571/2024

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Page 1 of 3

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(sister of respondent No.2) over a petty issue, in which the respondent No.2 also intervened.

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4. Learned counsel for respondent No. 2 submits that FIR was registered on a petty quarrel between petitioner and his wife, and the present FIR was registered on misunderstanding between the parties.

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5. The disputes are stated to have been amicably resolved between the parties who are closely related vide settlement deed dated 21.11.2023.

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6. Learned APP for the State submits that in view of amicable settlement between the parties, the State has no objection in case the FIR in question is quashed.

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7. Petitioner as well as respondent No. 2 are present in person and have been identified by SI Rajbir Singh, PS: Krishna Nagar, Delhi. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also states that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.

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8. Parties intend to put quietus to the proceedings and move forward in life being closely related. Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. Continuation of proceedings would be nothing but an abuse of the process of Court. Consequently, FIR No. 0312/2023, under Sections 323/354B IPC, registered at PS: Krishna Nagar, Delhi and the proceedings emanating therefrom stand quashed.

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Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

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Signature Not Verified

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Digitally Signed CRL.M.C. 1571/2024 By:DINESH CHANDRA Signing Da te:0 5.03.2024 14:50:36

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Page 2 of 3

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A copy of this order be forwarded to the learned Trial Court for information.

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ANOOP KUMAR MENDIRATTA, J.

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MARCH 01, 2024/ R

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Signature Not Verified Digitally Signed CRL.M.C. 1571/2024 By:DINESH CHANDRA Signing Da te:0 5.03.2024 14:50:36

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Page 3 of 3

Shri Shiv Shankar v. State through SHO Ps Krishna Nagar & Anr.

Case brief

What is this about?

What did the court decide?

Shri Shiv Shankar v. State through SHO Ps Krishna Nagar & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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