Allowed

Hitabhilashi Gupta and Ors. v. the State NCT of Delhi and Anr.

Delhi HC20 May 2024W.P.(CRL)/1608/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed an FIR under Sections 323/341 IPC registered against petitioners for a domestic dispute, relying on the amicable settlement and the compoundable nature of the offences. The court condoned costs to the State for utilizing public machinery.

What did the court decide?

FIR No. 244/2024 and all consequential proceedings quashed subject to payment of cost of ₹10,000/- by petitioners to be deposited with Delhi Police Welfare Society within eight weeks.

Hitabhilashi Gupta and Ors. Vs the State NCT of Delhi and Anr. — Quashing and FIR | Delhi HC (2024)

¶1

$~99

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

+ W.P.(CRL) 1608/2024

¶4

HITABHILASHI GUPTA AND ORS ..... Petitioners Through: Ms. Dolly Goswami, Adv. (through VC) Mr. Amit Kumar Sharma, Adv. All the petitioners in person.

¶5

versus

¶6

THE STATE NCT OF DELHI AND ANR..... Respondents Through: Mr. Anand V. Khatri, ASC for the State with IO/ASI Pawan, PS North Rohini. Mr. Kapil Jarwal and Mr. Dalip Garg, Advs. R-2 (through VC).

¶7

CORAM:

¶8

HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R

¶9

% 20.05.2024

¶10

CRL.M.A. 15658/2024 (exemption from filing certified copy of the annexures and fair typed copy of dim and less margin annexures)

¶11

Exemption allowed, subject to all just exceptions.

¶12

The application stands disposed of.

¶13

W.P.(CRL) 1608/2024

¶14

The present petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (‘ CrPC ’) seeking quashing of FIR No. 244/2024 dated 14.04.2024, for offences punishable under

¶15

W.P.(CRL) 1608/2024

¶16

Page 1 of 3

¶17

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 04/07/2025 at 03:42:50

¶18

Sections 323/341/34 of the Indian Penal Code, 1860 (‘ IPC ’), registered at Police Station North Rohini, including all consequential proceedings arising therefrom. The said FIR was registered on a complaint filed by Respondent No. 2.

¶19

It is averred that the parties are neighbours and a scuffle took place between the parties, on the issue of some garbage being present in front of the house of Respondent No.2, due to which the Respondent No.2 sustained injuries. 5. The present petition is filed on the ground that the matter is amicably settled between the parties by way of Settlement Deed dated 15.05.2024, on their own free will, without any threat, force, coercion, misrepresentation or influences. 6. The petitioners are present in person in Court. Respondent No. 2 has joined the proceedings through video conferencing. The parties have been duly identified by the Investigating Officer. 7. The petitioners unconditionally apologize for their behaviour. They also undertake not to indulge into any such activity in future. The parties, being neighbours, the petitioners state that they would live in peace and harmony with the complainant, in future.

¶20

Respondent No.2, on being asked, states that he does not wish to pursue the proceedings arising out of the present FIR, and has no objection if the proceedings are quashed. 9. Offences under Sections 323/341 of the IPC are compoundable in nature. 10. Keeping in view the aforesaid principle, the nature of the dispute and the fact that the parties have amicably entered into a settlement, this Court feels that no purpose would be served by

¶21

W.P.(CRL) 1608/2024 Page 2 of 3

¶22

¶23

relegating the parties to the learned Trial Court for filing an application to compound the offence.

¶24

However, keeping in mind the fact that the State machinery has been put to motion, ends of justice would be served if the petitioners are put to cost.

¶25

In view of the above, FIR No. 244/2024 and all consequential proceedings arising therefrom are quashed, subject to payment of cost of ₹10,000/- by the petitioners, to be deposited with the Delhi Police Welfare Society within a period of eight weeks.

¶26

Let the proof of deposit of cost be submitted before the concerned SHO.

¶27

The present petition is allowed in the aforesaid terms.

¶28

AMIT MAHAJAN, J

¶29

MAY 20, 2024 ‘KDK’

¶30

W.P.(CRL) 1608/2024

¶31

Page 3 of 3

¶32

This is a digitally signed order.

¶33

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 04/07/2025 at 03:42:50

Hitabhilashi Gupta and Ors. v. the State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Hitabhilashi Gupta and Ors. v. the State 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anil Kumar Jain Vs State & Anr.

Emaar India Limited & Anr. Vs State NCT of Delhi & Ors.

Ajit Gogna Vs the Commissioner of Police & Ors.

Sunil Kapoor and Anrs Vs B.S.E.S. Yamuna Power Limited

Jitendra Singh Lunawat Vs State NCT of Delhi

Pooja Luthra Vs State of NCT of Delhi & Anr.

Ram Babu Vs State of NCT of Delhi

Rajjan @ Ashu Chauhan Vs the State of NCT of Delhi

Inder Kant Jha & Ors. Vs State Govt of NCT of Delhi & Anr.

Neeraj Vs State

Vijay Kumar Vs the State of NCT of Delhi

Manpreet Singh Vs State NCT of Delhi and Anr.

Mahalinga Narayanan Vs State NCT of Delhi and Anr.

Sh. Sunny @ Manjeet Sehrawat Vs State of NCT of Delhi