The Delhi High Court allowed a petition to quash an FIR based on a settlement between the petitioner and the complainant, finding no useful purpose in continuing proceedings given the victim's consent and minuscule chances of state success.
F.I.R. No. 124/2018 and all consequential proceedings against the petitioner are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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..... Petitioner Through: Ms.Santosh Dixit, Adv. with petitioner present in person.
versus
THE STATE (GOVT. OF NCT OF DELHI) & ANR.
..... Respondents Through: Mr.Amit Peswani, Adv. for Ms.Nandita Rao, ASC (Crl.) with SI Abhishek, PS Harsh Vihar. Ms.Lalita, Adv. for R-2 with R- 2 present in person.
CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R
% 05.02.2024 1. This petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No. 124/2018 registered at Police Station: Harsh Vihar, North-East District, Delhi, under Sections 420/468/471/448/34 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of settlement.
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 13/12/2024 at 14:37:42
continue with the further proceedings in the FIR.
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 13/12/2024 at 14:37:42
registered at Police Station: Harsh Vihar, North-East District, Delhi, under Sections 420/468/471/448/34 of IPC, and all consequential proceedings emanating therefrom against the petitioner are quashed. 8. The petition is disposed of in the above terms.
NAVIN CHAWLA, J
FEBRUARY 5, 2024 /rv/AS
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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 13/12/2024 at 14:37:42
2 issues framed by the court
Whether the FIR should be quashed in light of a settlement and the consent of the victim to not pursue the matter further.
Whether this Court should exercise its inherent powers under Section 482 Cr.P.C. to quash proceedings against the petitioner.
Colour shows how this judgement treated each authority
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2 provisions across 2 enactments
Maujiram
State (Govt. of NCT of Delhi)
Respondent No. 2
Navin Chawla
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
