Allowed

Dev Prakash v. the State NCT of Delhi & Anr. & Ors.

Delhi HC27 Feb 2024CRL.M.C./1589/2024

Case brief

AI extract

What is this about?

This order quashes an FIR under Sections 341, 354B, 506, and 34 IPC and all consequential proceedings. Relying on Gian Singh v. State of Punjab, the Delhi High Court held that with an amicable settlement reached between the parties to a fight, continuing the criminal process was an exercise in futility and unjust. The petition under Section 482 CrPC was allowed, both by the parties and the State.

What did the court decide?

FIR No.265/2014 under Sections 341/354B/506/34 IPC and all consequential proceedings are quashed.

Dev Prakash Vs the State NCT of Delhi & Anr. & Ors. — Quashing and FIR | Delhi HC (2024)

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$~44

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1589/2024

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DEV PRAKASH ..... Petitioner Through: (Appearance not given)

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versus

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THE STATE NCT OF DELHI & ANR. & ORS. ..... Respondents Through: Mr. Hemant Mehla, learned APP for State with ASI Vikram Singh, PSKarawal Nagar

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CORAM:

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HON'BLE MR. JUSTICE V IKAS MAHAJAN

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O R D E R

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% 27.02.2024

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CRL.M.A. 6169/2024 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 1589/2024

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.265/2014 under Sections 341/354B/506/34 IPC registered at Police Station Karawal Nagar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a fight and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

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The petitioner, as well as, respondent no. 2 are present in the Court

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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 01/03/2024 at 11:14:40

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and they have been identified by their respective counsel and by the Investigating Officer ASI Vikram Singh, PS-Karawal Nagar, Delhi.

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The brief facts of the case are that on 03.04.2014, a quarrel took place between the petitioner and the respondent that escalated to a fight, which led to the registration of present FIR at the instance of respondent no.2.

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During the pendency of the proceedings, the parties have arrived at amicable settlement, terms whereof were reduced in writing in the form of settlement deed dated 15.02.2024, which is annexed as Annexure P-4 to the present petition.

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The respondent no.2 on query put by the court, states that she has no objection in case the FIR is quashed.

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At this stage, apt would it be to refer to the observations of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58)

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“58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor.”

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In view of the settlement between the parties, the ultimate chances of conviction in the case are bleak, therefore, continuation of criminal proceedings will not serve any useful purpose and it will be an exercise in futility.

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It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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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 01/03/2024 at 11:14:40

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Consequently, the petition is allowed and the FIR No.265/2014 under Sections 341/354B/506/34 IPC registered at Police Station Karawal Nagar and all consequential proceedings emanating therefrom, is quashed.

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The petition stands disposed of in the above terms.

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Order be uploaded on the website of this court.

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VIKAS MAHAJAN, J

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FEBRUARY 27, 2024/cd

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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 01/03/2024 at 11:14:40

Dev Prakash v. the State NCT of Delhi & Anr. & Ors.

Case brief

What is this about?

What did the court decide?

Dev Prakash v. the State NCT of Delhi & Anr. & Ors.

Case brief

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What did the court decide?

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