Allowed

Sh. Jai Prakash Chauhan & Anr. v. the State (N.C.T. of Delhi) & Anr.

Delhi HC12 Mar 2024CRL.M.C./1993/2024

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. sought quashing of FIR No. 754/2020 after the parties settled their dispute before the Delhi Mediation Centre and the complainant raised no objection. Relying on Gian Singh v. State of Punjab, the High Court quashed the FIR, chargesheet and consequential proceedings, subject to costs.

What did the court decide?

FIR No. 754/2020, chargesheet and consequential proceedings quashed, subject to Rs. 30,000/- consolidated cost deposited with DHCBA Employees Welfare Fund within seven days.

Sh. Jai Prakash Chauhan & Anr. Vs the State (N.C.T. of Delhi)… — Quashing and FIR | Delhi HC (2024)

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$~75

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1993/2024

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SH. JAI PRAKASH CHAUHAN & ANR. ..... Petitioners

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Through: Mr. Rahul Thakur, Adv. with petitioners in person.

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versus

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THE STATE (N.C.T. OF DELHI) & ANR. ..... Respondents

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Through: Mr. Sunil Kumar Gautam, APP for State with SI Ankur, P.S. Nihal Vihar. Mr. Shivam Sharma, Adv. for R-2 with R-2 in person.

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CORAM: HON'BLE MR. JUSTICE AMIT SHARMA

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% 12.03.2024

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CRL.M.A. 7687/2024 (Exemption)

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Exemption allowed, subject to just exceptions.

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The application is accordingly disposed of.

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CRL.M.C. 1993/2024

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The present petition filed under Section 482 Cr.P.C. seeks quashing of FIR No. 754/2020, under Sections 406/420/506/120B/34 of the IPC, registered at P.S. Nihal Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Mr. P. Bhargav Rao, learned Metropolitan Magistrate -03, West District, Tis Hazari Courts, Delhi.

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During the pendency of the aforesaid proceedings, the matter has been settled before Delhi Mediation Centre, Tis Hazari Courts, vide Settlement

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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 15/03/2024 at 12:39:56

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dated 26.09.2023. The copy of the aforesaid settlement dated 26.09.2023 is on record (Annexure E).

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Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, with SI Ankur, P.S. Nihal Vihar. 6. The complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with. The parties further undertake to abide by their reciprocal obligations as per the terms of the Settlement Deed dated 26.09.2023. 7. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 8. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

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“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.”

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In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 754/2020, under Sections 406/420/506/120B/34 of the IPC, registered at P.S. Nihal Vihar and all other consequential proceedings emanating therefrom, including the chargesheet

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pending before the Court of Mr. P. Bhargav Rao, learned Metropolitan Magistrate -03, West District, Tis Hazari Courts, Delhi.

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In the interest of justice, the petition is allowed, and the FIR No. FIR No. 754/2020, under Sections 406/420/506/120B/34 of the IPC, registered at P.S. Nihal Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Mr. P. Bhargav Rao, learned Metropolitan Magistrate -03, West District, Tis Hazari Courts, Delhi, is hereby quashed subject to a cost of Rs. 15,000/- each to be deposited by the petitioners as a consolidated sum of Rs. 30,000/- with Delhi High Court Bar Association Employees Welfare Fund within seven days.

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Petition is allowed and disposed of accordingly.

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Pending application(s), if any, also stand disposed of.

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AMIT SHARMA, J

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MARCH 12, 2024/nk

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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 15/03/2024 at 12:39:56

Sh. Jai Prakash Chauhan & Anr. v. the State (N.C.T. of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Sh. Jai Prakash Chauhan & Anr. v. the State (N.C.T. of Delhi) & Anr.

Case brief

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What did the court decide?

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