The High Court quashed an FIR registered under Sections 498A, 376, 326A, etc. of the IPC following a settlement between the parties, including the dissolution of marriage and payment of compensation, relying on Gian Singh v. State of Punjab to secure the ends of justice.
FIR No. 351/2020 and all consequential proceedings quashed.
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SH. RAHUL SHARMA & ORS. ..... Petitioners Through: Mr. Sahil A. Garg N., Mr. Honey Gola and Mr. Shourya Godara, Advocates alongwith petitioners in person.
STATE OF N.C.T NEW DELHI & ANR. ..... Respondents Through: Mr. Sunil Kumar Gautam, APP for the State. W/SI Nirmala, PS Begumpur. Ms. Shipali Garg and Mr. Ankit M., Advocate for R-2 alongwith R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
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 12/03/2024 at 11:15:47
respondent no. 2, the parties started residing separately from 20.04.2020. Subsequently, respondent no.2/complainant registered an FIR against petitioner no.1 (husband), petitioner no. 2 (father-in-law) and petitioner no. 3 (mother-in-law).
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 12/03/2024 at 11:15:47
with.
“61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”
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 12/03/2024 at 11:15:47
AMIT SHARMA, J MARCH 06, 2024 /sn
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 12/03/2024 at 11:15:47
1 issue framed by the court
Whether the High Court should quash the FIR and consequential proceedings in light of a settlement and compromise between the parties?
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶23
Gian Singh v. State of Punjab, (2012) 10 SCC 303 · Who else cites this
2 provisions across 2 enactments
Sh. Rahul Sharma & Ors.
State of N.C.T New Delhi & Anr.
Amit Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
