Disposed

Smt Anju & Anr. v. the State NCT of Delhi & Anr.

Delhi HC18 Jan 2024W.P.(CRL)/1991/2023

Case brief

AI extract

What is this about?

Writ petition seeking quashing of a Jahangirpuri FIR over a property sale dispute. The complainant confirmed a free-will settlement dated 05.12.2014. Finding no useful purpose in continuing proceedings after amicable resolution, the court quashed the FIR and all consequential proceedings.

What did the court decide?

FIR no. 0834/2014, P.S. Jahangirpuri under Sections 420/406/120-B IPC and all consequential proceedings quashed.

Smt Anju & Anr. Vs the State NCT of Delhi & Anr. — Quashing and FIR | Delhi HC (2024)

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$~4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1991/2023

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SMT ANJU & ANR. ..... Petitioners Through: Ms. Jasmy M.J. & Ms. Asha Paul, Advocates.

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versus

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THE STATE NCT OF DELHI & ANR. ..... Respondents Through: Ms. Nandita Rao, ASC (CRL) for State with Mr. Amit Peswani, Mr. Jasraj Singh, Advocates and S.I. Deepak Kumar, P.S.: Jahangir Puri. Counsel for R-2.

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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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% 18.01.2024

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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 has been filed by the petitioners seeking quashing of FIR bearing no. 0834/2014, registered at Police Station Jahangirpuri, Delhi for offences punishable under Sections 420/406/120-B of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom.

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Issue notice. Ms. Nandita Rao, learned ASC accepts notice on behalf of the State.

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All the petitioners are present before this Court and have been identified by their counsel Ms. Jasmy M.J. and Investigating Officer (IO) SI Deepak Kumar from Police Station Jahangirpuri, Delhi.

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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 21/05/2024 at 15:19:32

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Brief facts of the case are that respondent no. 2 had purchased the plot bearing no. E-1811, measuring 25 sq. yards, from petitioner no. 1. Thereafter, respondent no. 2 had let out all the floors to petitioner no. 1 and 2 for a few months. Thereafter, respondent no. 2 sold first floor to one Mr. Surender Kumar Sharma, and the second floor to Mr. Harsh Lamba. It is stated that petitioner no. 1, in connivance with petitioner o. 2 sold the third floor to one Mr. Pradeep Kumar. On 08.02.2014, respondent no. 2 made a complaint to SHO, P.S.: Jahangirpuri, Delhi against the petitioners and an FIR got registered. It is stated that during pendency of the investigation, a settlement was arrived at between the petitioners and respondent no. 2 and the dispute was amicable settled. It is stated that respondent no. 2 had agreed not to initiate any further legal action against the petitioners, hence the present criminal petition was instituted.

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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 he has entered into compromise out of his 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 vide Settlement Deed dated 05.12.2014 entered into between them.

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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. 0834/2014, registered at Police Station

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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 21/05/2024 at 15:19:32

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Jahangirpuri, Delhi for offences punishable under Sections 420/406/120-B of IPC and all consequential proceedings emanating therefrom are quashed.

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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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JANUARY 18, 2024/ at

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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 21/05/2024 at 15:19:32

Smt Anju & Anr. v. the State NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Smt Anju & Anr. v. the State NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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