Delhi High Court allowed a petition under Section 482 CrPC to quash an FIR regarding abusive language. The court noted the parties had settled, citing Gian Singh that quashing is justified when proceedings become futile and peace is restored.
FIR No.796/2023 and all consequential proceedings under Sections 354A/509 IPC were quashed.
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$~52
CORAM:
% 11.01.2024 CRL.M.A. 1022/2024 (exemption)
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 13/05/2024 at 15:18:06
language which led to the registration of the aforesaid FIR, at the instance of the respondent no.2.
“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 13/05/2024 at 15:18:06
criminal proceedings will be an exercise in futility.
VIKAS MAHAJAN, J
JANUARY 11, 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 13/05/2024 at 15:18:06
2 issues framed by the court
Whether the FIR under Sections 354A/509 IPC should be quashed in view of the settlement between the parties.
Whether continuation of criminal proceedings would be an exercise in futility given the dispute has been settled.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabReferred¶10
Gian Singh v. State of Punjab, (2012) 10 SCC 303 · Who else cites this
1 provisions across 1 enactments
Vinod Kumar
State
Respondent No. 2
Vikas Mahajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vikas Mahajan
Parties & counsel
