Allowed

Naresh Dahiya & Anr. v. State NCT of Delhi & Anr.

Delhi HC12 Mar 2024CRL.M.C./1995/2024

Case brief

AI extract

What is this about?

This order quashes an FIR registered for offences under Sections 354, 354B, 509, and 323 IPC. The petition was filed under Section 482 CrPC seeking quashing based on a compromise between the parties. The High Court held that continuing proceedings would be futile as the settlement restored peace, allowing the petition.

What did the court decide?

The FIR No.0003/2019 under Sections 354/354B/509/323 IPC and all consequential proceedings are quashed.

Naresh Dahiya & Anr. Vs State NCT of Delhi & Anr. — Criminal Trial and Appeal | Delhi HC (2024)

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$~65

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1995/2024

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NARESH DAHIYA & ANR. ..... Petitioners

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Through: Mr R. K. Rai, Mr Sanjay Kumar Roy, Ms Rupam Kumari, Ms Vibha, Advocates along with petitioners in person.

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versus

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STATE NCT OF DELHI & ANR. ..... Respondents Through: Mr Raj Kumar, APP for the State with SI Karan Singh, PS Lodhi Colony. Respondent no.2 in person.

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R

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% 12.03.2024

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CRL.M.A. 7700/2024

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Allowed, subject to all just exceptions.

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CRL.M.C. 1995/2024

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0003/2019 under Sections 354/354B/509/323 IPC registered at Police Station Lodhi Colony and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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Issue notice. The learned APP for the State accepts notice. He submits that since the parties have arrived at a settlement, the State has no objection

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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 12:40:36

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in case the FIR in question is quashed.

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The petitioner nos.1 and 2, as well as, respondent no. 2 are present in the Court and they have been identified by the Investigating Officer SI Karan Singh, PS Lodhi Colony.

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The brief facts of the case are that a dispute had arisen between the petitioners and the respondent no.2. The dispute escalated to the level of fight in which both the sides suffered injuries which led to the registration of the present FIR.

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During the pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Settlement/Compromise Deed dated 03.02.2024, which is annexed as Annexure P-5 to the present petition.

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In terms of the said settlement, the parties decided to settle all their disputes amicably.

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It is a term of the settlement that the respondent no.2 shall cooperate with the petitioners in quashing of the aforesaid FIR. 9. The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

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At this stage, apt would it be to refer to the observations of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58)

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“58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an

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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 12:40:36

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end and peace is restored; securing the ends of justice being the ultimate guiding factor.”

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In view of the settlement between the parties, the ultimate chances of conviction in the case are bleak, therefore, continuation of criminal proceedings will not serve any useful purpose and it will be an exercise in futility.

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It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and the FIR No.0003/2019 under Sections 354/354B/509/323 IPC registered at Police Station Lodhi Colony alongwith all other proceedings emanating therefrom, is quashed.

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The petition stands disposed of in the above terms.

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Order be uploaded on the website of this court.

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VIKAS MAHAJAN, J

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MARCH 12, 2024 MK

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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 12:40:36

Naresh Dahiya & Anr. v. State NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Naresh Dahiya & Anr. v. State NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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