Allowed

Shri Gian Singh v. State Govt of NCT of Delhi through SHO & Anr.

Delhi HC4 Sept 2024W.P.(CRL)/2603/2024

Case brief

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What is this about?

The Delhi High Court quashed FIR No. 0394/2019 and FIR No. 163/2017 registered under Sections 420 IPC and related charges. The court allowed two criminal petitions for quashment based on a settlement agreement, delayed payment of interest, and the parties' presence in court acknowledging the settlement.

What did the court decide?

Quashing of FIR No. 0394/2019 and FIR No. 163/2017 and all proceedings emanating therefrom.

Shri Gian Singh Vs State Govt of NCT of Delhi through SHO… — Quashing and FIR | Delhi HC (2024)

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$~65 & 12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 2603/2024 SHRI GIAN SINGH .....Petitioner Through: Ms. Neha Sehrawat, Adv.

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versus

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STATE GOVT OF NCT OF DELHI THROUGH SHO & ANR. .....Respondents

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Through: Mr. Sanjay Lao, Standing Counsel (GNCTD) with SI Sanjeev Lehri, PS: Burari.

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12+ W.P.(CRL) 2164/2024

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SMT. RAJNI & ANR. .....Petitioners

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Through: Ms. Neha Sehrawat, Adv.

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versus

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STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through: Mr. Amit Peswani, Advocate for Ms. Nandita Rao, ASC for the State with SI Sanjeev Lehri, PS: Burari.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 04.09.2024

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CRL.M.A. 25509/2024 & 25510/2024 ( Exemptions )

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Allowed, subject to all just exceptions.

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Applications are stand disposed of.

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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 11/09/2024 at 12:47:41

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W.P.(CRL)-2603/2024 & W.P.(CRL)-2164/2024

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These petitions have been filed seeking quashing of FIR no. 0394/2019 registered at PS Burari, Delhi under Sections 420 IPC and FIR no. 163/2017 registered at PS Burari under Sections 420/468/471/34 IPC, on the basis of settlement arrived at between the parties dated 14^th December, 2021 which is on record of this Court.

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The dispute is related to a property issue. As per the settlement, certain amounts had to be paid, which are being paid to the respondents/complaints, who are present in Court and duly acknowledge the same.

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There was an issue of delayed payment of particular instalment for which the complainants demanded interest amount and, accordingly, have received Rs. 10,000/- through wire transfer today, which they also acknowledge.

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Complainants do not have any objection to the quashing of the FIR.

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The petitioners are also present through VC and are duly identified by the IO and counsel.

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As per the previous order Mr. Ashok Kumar, who had also alleged that he had been defrauded, is also present in Court, and he has also no objection to the FIR being quashed on the basis of settlement. Mr. Suresh Vashisht and Ms. Sharda Sehgal, complainants are present in Court and duly identified by IO and counsel.

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Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use

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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 11/09/2024 at 12:47:41

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continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, FIR no. 0394/2019 registered at PS Burari, Delhi under Sections 420 IPC and FIR no. 163/2017 registered at PS Burari under Sections 420/468/471/34 IPC and proceedings emanating therefrom are quashed.

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Parties shall abide by the terms of settlement.

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Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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SEPTEMBER 4, 2024/RK

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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 11/09/2024 at 12:47:41

Shri Gian Singh v. State Govt of NCT of Delhi through SHO & Anr.

Case brief

What is this about?

What did the court decide?

Shri Gian Singh v. State Govt of NCT of Delhi through SHO & Anr.

Case brief

What is this about?

What did the court decide?

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