Allowed

Dinesh Kataria v. State and Anr.

Delhi HC7 Feb 2024W.P.(CRL)/1742/2023

Case brief

AI extract

What is this about?

The Delhi High Court allowed an application for quashing of an FIR under Sections 354/509 IPC and consequential proceedings. The FIR was registered for alleged misbehavior and theft arising from a laptop repair dispute. The Court found that the parties had amicably settled all disputes via affidavit without coercion. It quashed the FIR holding that continued proceedings would create further acrimo

What did the court decide?

FIR bearing no.464/2022 registered at PS Ashok Vihar for offences under Sections 354/509 IPC and all consequential proceedings quaquashed.

Dinesh Kataria Vs State and Anr. — Quashing and FIR | Delhi HC (2024)

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$~64

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 1742/2023 DINESH KATARIA ..... Petitioner Through: Mr. Siddharth, Advocate. versus

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STATE AND ANR. ..... Respondents Through: Ms. Rupali Bandhopadya, ASC for State with W/SI Ritu, P.S. Ashok Vihar.

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CORAM:

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HON'BLE MS. JUSTICE SWARANA KANTA SHARMA O R D E R

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% 07.02.2024

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CRL.M.A. 16171/2023 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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W.P.(CRL) 1742/2023

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The instant petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been filed on behalf of petitioner seeking quashing of FIR bearing no.464/2022, registered at Police Station Ashok Vihar, Delhi for the offences punishable under Sections 354/509 of IPC, 1860 and all consequential proceedings emanating therefrom.

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Petitioner is present before this Court and has been identified by his counsel Mr. Siddharth and Investigating Officer (IO) W/SI Ritu from Police Station Ashok Vihar, Delhi.

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The brief facts of the present case are that a written complaint was made by respondent no.2 with chowki Incharge, Police Post Wazirpur

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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 17/12/2024 at 15:12:37

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Industrial Complex, New Delhi alleging that when she along with her son met with the petitioner, owner of M/s. R.C. Infotech and made a request to repair laptop of her son, the petitioner started misbehaving with respondent no.2, abused her, pushed her and refused to repair the laptop. It was also alleged that the petitioner had stolen all the valuable component from the laptop. However, during the pendency of the abovesaid case and with the intervention of their common well-wishers, both the parties have amicably settled all their disputes by way of an Affidavit dated 26.04.2023.

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On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into settlement out of her own free will, volition and without any coercion, pressure or threat and has no objection, if the FIR is quashed.

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In view of the above facts that the parties have amicably resolved their differences out of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the above mentioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing no.464/2022, registered at Police Station Ashok Vihar, Delhi for the offences punishable under Sections 354/509 of IPC and all consequential proceedings emanating therefrom are quashed.

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In view of the above, the present petition stands disposed of.

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The order be uploaded on the website forthwith.

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SWARANA KANTA SHARMA, J

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FEBRUARY 7, 2024/ hs

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Click here to check corrigendum, if any

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Dinesh Kataria v. State and Anr.

Case brief

What is this about?

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Dinesh Kataria v. State and Anr.

Case brief

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