Allowed

Mohd. Parvez v. the State of Gnct of Delhi

Delhi HC28 Feb 2024CRL.M.C./1632/2024

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC sought quashing of an FIR relating to a 2014 quarrel after the parties settled by memorandum of understanding dated 04.02.2024. The State raised no objection and the complainant confirmed consent; relying on Gian Singh, the Court quashed the FIR.

What did the court decide?

FIR No.548/2014 and all consequential proceedings emanating therefrom quashed.

Mohd. Parvez Vs the State of Gnct of Delhi — Quashing and FIR | Delhi HC (2024)

¶1

$~48

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 1632/2024

¶4

MOHD. PARVEZ

¶5

..... Petitioner

¶6

Through: Mr. Pankaj Tyagi and Mr. Vijay Kumar Gupta, Advs. with petitioners in person.

¶7

versus

¶8

THE STATE OF GNCT OF DELHI ..... Respondent

¶9

Through: Mr. Raj Kumar, APP for the State with SI Deepa PS Seelampur Respondent no.2 in person.

¶10

CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

¶11

O R D E R % 28.02.2024

¶12

CRL.M.A. 6320/2024 (exemption)

¶13

Allowed, subject to all just exceptions.

¶14

Application stands disposed of.

¶15

CRL.M.C. 1632/2024

¶16

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.548/2014 under Sections 323/341/452/379/427/34 IPC registered at Police Station Seelampur and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

¶17

Issue notice. The learned APP for the State accepts notice. He submits that since the parties have arrived at a settlement, the State has no objection in

¶18

This is a digitally signed order.

¶19

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 04/03/2024 at 11:15:31

¶20

case the FIR in question is quashed.

¶21

The petitioner no.1 and the petitioner nos. 2 to 4, who are close relatives of petitioner no. 1, as well as, respondent no. 2 are present in the Court. The parties they have been identified by learned counsel for the petitioner and by the Investigating Officer SI Deepa PS Seelampur.

¶22

The case of the prosecution is that on 22.08.2014 a quarrel took place between the petitioners and the respondent no. 2 in which the respondent no.2 is stated to have suffered injuries. This led to the registration of aforesaid FIR at the instance of respondent no. 2.

¶23

During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of memorandum of understanding dated 04.02.2024, which is annexed as Annexure P2 to the present petition.

¶24

It is a term of the settlement that respondent no. 2 shall cooperate with the petitioners in quashing of the aforesaid FIR.

¶25

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

¶26

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)

¶27

“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.”

¶28

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 04/03/2024 at 11:15:31

¶29

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.

¶30

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

¶31

Consequently, the petition is allowed and the FIR No.548/2014 under Sections 323/341/452/379/427/34 IPC registered at Police Station Seelampur along with all other consequential proceedings emanating therefrom, is quashed.

¶32

The petition stands disposed of in the above terms.

¶33

Order be uploaded on the website of this Court.

¶34

VIKAS MAHAJAN, J

¶35

FEBRUARY 28, 2024 N.S. ASWAL

¶36

This is a digitally signed order.

¶37

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 04/03/2024 at 11:15:31

Mohd. Parvez v. the State of Gnct of Delhi

Case brief

What is this about?

What did the court decide?

Mohd. Parvez v. the State of Gnct of Delhi

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

Amit Aggarwal Vs Rashmi Aggarwal

Amet Vikram Chhabra Vs State NCT of Delhi

Sahib Singh Bomrah @ Sahib Singh & Anr. Vs State of NCT of Delhi & Anr.

Harneet Singh Chawla Vs State

Ved Prakash Vs State, NCT of Delhi

Cisse Mamadou @ Sisse Mamadou Vs Narcotics Control Bureau