Disposed

Harish Sharma v. the State of NCT Delhi and Anr.

Delhi HC6 May 2024W.P.(CRL)/190/2024

Case brief

AI extract

What is this about?

Petition to quash an FIR for offences under Sections 354/354B/354D IPC was allowed as the parties had amicably settled their disputes. Respondent no. 2 confirmed the settlement was voluntary. The Court quashed the FIR and consequential proceedings, subject to payment of Rs. 5,000 costs.

What did the court decide?

FIR No. 520/2021 PS Bhajanpura and consequential proceedings quashed, subject to depositing Rs. 5,000 with Advocates Welfare Fund, Karkardooma Courts within ten days.

Harish Sharma Vs the State of NCT Delhi and Anr. — Quashing and FIR | Delhi HC (2024)

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$~7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 190/2024

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HARISH SHARMA ..... Petitioner Through: Mr. Mukesh Hooda and Mr. Prashant Hooda, Advocates alongwith petitioner in person

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versus THE STATE OF NCT DELHI AND ANR. ..... Respondents Through: Mr. Anand V. Khatri, ASC for the State with HC Sakshi and Inspector Sandeep, P.S. Bhajanpura Ms. Parul, Advocate for R-2 alongwith R-2 in person

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CORAM:

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HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R

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% 06.05.2024

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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. 520/2021, registered at Police Station Bhajanpura, Delhi for the offences punishable under Sections 354/354B/354D of the Indian Penal Code, 1860 ( ‘IPC’ ) and all consequential proceedings emanating therefrom. 2. Issue notice. Mr. Anand V. Khatri, learned ASC accepts notice on behalf of State.

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Petitioner is present before this Court and has been identified by his

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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 08/05/2024 at 12:48:23

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counsel Mr. Mukesh Hooda and Investigating Officer (IO) Inspector Sandeep from Police Station Bhajanpura, Delhi.

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Brief facts of the present case are that the petitioner and respondent no. 2 were known to each other. It is stated that due to some misunderstanding, complainant had lodged a complaint upon which, the present FIR bearing no. 520/2021 was registered at Police Station Bhajanpura, Delhi against the petitioner for offences punishable under Sections 354/354B/354D of IPC. It is stated that the chargesheet has yet not been filed in the present matter and the parties have amicably settled all their disputes among themselves.

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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 compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties and that she has no objection, if the FIR is quashed.

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In view of the above fact that the parties have amicably resolved their differences 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 abovementioned 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. 520/2021, registered at Police Station Bhajanpura, Delhi for the offences punishable under Sections 354/354B/354D of IPC and all consequential proceedings emanating therefrom are quashed, subject to the petitioner depositing a cost of Rs.

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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 08/05/2024 at 12:48:23

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5,000/- with Advocates Welfare Fund, Karkardooma Courts, Delhi within ten days.

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In view of above, the 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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MAY 6, 2024/ns

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Click here to check corrigendum, if any

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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 08/05/2024 at 12:48:23

Harish Sharma v. the State of NCT Delhi and Anr.

Case brief

What is this about?

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Harish Sharma v. the State of NCT Delhi and Anr.

Case brief

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