This order quashed an FIR and consequential proceedings under Article 227 of the Constitution read with Section 482 CrPC, as the parties had arrived at a settlement. The High Court held that continuing proceedings would be an exercise in futility.
The FIR No.971/2014 and all other proceedings emanating therefrom are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Through: Mr. Mohd. Sohail Alam and Mr. Saad Iqbal, Advs.
versus
STATE GOVT OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Raj Kumar, APP for State with SI Amit Beniwal, PS. Vivek Vihar. Mr. Shahbaz Ahmad Naik, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 14.05.2024
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 20/05/2024 at 11:32:21
“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 end and peace is restored; securing the ends of justice being the ultimate guiding factor.”
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 20/05/2024 at 11:32:21
VIKAS MAHAJAN, J
MAY 14, 2024/dss
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 20/05/2024 at 11:32:21
2 issues framed by the court
Whether an FIR under non-compoundable offences can be quashed in the interest of justice where parties have arrived at a settlement.
Whether continuation of criminal proceedings would serve any useful purpose given the settlement between the parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶19
Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) · Who else cites this
2 provisions across 2 enactments
Rahul & ors.
State Govt of NCT of Delhi & ors.
Vikas Mahajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
