Allowed

Gagan v. State of NCT of Delhi and Anr.

Delhi HC5 Sept 2024W.P.(CRL)/2731/2024

Case brief

AI extract

What is this about?

The petitioner sought to quash an FIR under Sections 325/34 IPC arising from a minor scuffle between neighbours. The Court, noting the unconditional apology and mutual settlement deed, quashed the FIR and consequential proceedings, holding further legal consequences unnecessary.

What did the court decide?

FIR No. 369/2022 and all consequential proceedings arising therefrom were quashed.

Gagan Vs State of NCT of Delhi and Anr. — Quashing and FIR | Delhi HC (2024)

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$~77

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 2731/2024

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GAGAN .....Petitioner Through: Dr. Suman Tanwar and Mr. Vinay Chaurasia, Advs. Petitioner in person. versus STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Rahul Tyagi, ASC for the State with Mr. Sangeet Sibou, Mr. Jatin, Mr. Mathew M. Philip, Ms. Priya Rai and Mr. Abhishek Tomar, Advs. with SI Savita, PS Aman Vihar. Mr. Rahil Akhlaque and Mr. Himanshu Aulluck, Advs. for R-2. R-2 in person.

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CORAM:

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HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 05.09.2024

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CRL.M.A. 26818/2024 (exemption from filing certified copies of the annexures)

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Exemption allowed, subject to all just exceptions.

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The application stands disposed of.

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W.P.(CRL) 2731/2024

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The present petition is filed seeking quashing of FIR No. 369/2022 dated 09.04.2022, registered at Police Station Aman Vihar, for offences under Sections 325/34 of the Indian Penal Code, 1860 (‘ IPC ’).

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It is averred that the petitioner and Respondent No. 2 are

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This is a digitally signed order. W.P.(CRL) 2731/2024 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 13/09/2024 at 12:28:01

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Page 1 of 3

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neighbours. It is alleged that a minor scuffle took place between the parties due to a misunderstanding, in which Respondent No2 suffered some injuries. In the MLC, the nature of the injury suffered by Respondent No.2 was opined to be grievous in nature. The same led to registration of the present FIR.

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The learned counsel for the petitioner submits that a petty quarrel between the parties got escalated into the scuffle. 6. He submits that the petitioner has tendered an unconditional apology to Respondent No.2 and the parties have decided to bury their disputes and live peacefully.

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The present petition is filed on the ground that the matter is amicably settled between the parties by way of Settlement Deed dated 23.08.2024, on their own free will, without any pressure, coercion, threat and undue influence.

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The parties are present before this Court in person and have been duly identified by the Investigating Officer. 9. Respondent No. 2 states that he is satisfied with the apology tendered by the petitioner and he has no grievance against him. He submits that he does not wish to pursue any proceeding arising out of the present FIR, and has no objection of the proceedings are quashed.

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Offence under Section 325 of the IPC is compoundable in nature.

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This Court is of the opinion that no useful purpose would be served by relegating the parties to the learned Trial Court for filing an application to compound the offence.

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Keeping in view the nature of dispute and that the parties have amicably entered into a settlement, this Court feels that no useful purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the

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This is a digitally signed order. W.P.(CRL) 2731/2024 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 13/09/2024 at 12:28:01

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process of Court.

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In view of the above, FIR No. 369/2022 and all consequential proceedings arising therefrom are quashed.

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The present petition is allowed in the aforesaid terms.

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AMIT MAHAJAN, J

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SEPTEMBER 5, 2024 / ‘KDK’

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This is a digitally signed order. W.P.(CRL) 2731/2024 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 13/09/2024 at 12:28:01

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Gagan v. State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Gagan v. State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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Case details

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