Allowed

Mohammad Anees & Ors. v. State of NCT of Delhi and Anr.

Delhi HC20 Sept 2024W.P.(CRL)/2913/2024

Case brief

AI extract

What is this about?

The High Court of Delhi quashed two FIRs registered under various IPC sections involving closely related parties with a civil/property dispute. The court noted a mutual settlement via compromise deed and cited Supreme Court precedent permitting quashing in private civil matters, remanding no issues for trial.

What did the court decide?

FIRs 603/2022 and 601/2022 and all proceedings therefrom are quashed.

Mohammad Anees & Ors. Vs State of NCT of Delhi and Anr. — Quashing and FIR | Delhi HC (2024)

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$~39 and 13

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 2913/2024 MOHAMMAD ANEES & ORS. .....Petitioners Through: Mr. Narender Mann, Mr. Shailesh Chandra Jha, Mr. Vignsh, Advs. with petitioners.

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versus

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STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Ms. Rupali Bandhopadhyay, ASC with SI Parul, PS Shashtri Park

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- CRL.M.C. 7016/2024

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SHANEY ABBAS AND ORS .....Petitioners Through: Mr. Ranbir Singh, Adv.(VC) with petitioners

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versus

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THE STATE( GOVT OF NCT OF DELHI) AND ANR...Respondents Through: Mr. Kiran Bairwa, APP for the State Ms. Tara Narula, Adv. for R-2 with R-2

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CORAM:

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HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

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O R D E R

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% 20.09.2024

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CRL.M.A. 28497/2024 (exemption) in W.P.(CRL) 2913/2024

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CRL.M.A. 26770/2024 (exemption) in CRL.M.C. 7016/2024

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Exemptions are allowed subject to all just exceptions.

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W.P.(CRL) 2913/2024 and CRL.M.C. 7016/2024

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Both the petitions have been filed seeking quashing of FIR Nos. being FIR No.603/2022 dated 07.07.2022 registered at PS Shashtri Park, Delhi under Sections 354/451/323/509/506/34 IPC in W.P.(CRL)

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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 09/10/2024 at 14:50:37

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2913/2024 and FIR No. 601/2022 dated 07.07.2022 registered under Section 354/354B/451/323/34 IPC at PS Shastri Park, Delhi in CRL.M.C. 7016/2024 on basis of mutual settlement.

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Learned counsel for the parties submit that both the parties are closely related to each other and there was a civil/property dispute between the parties which led to the registration of the present FIR at the heat of the moment. Learned counsel submits that there was no incident after the present incident amongst the parties. The learned submits that since the parties are settled the matter, FIR No. 603/2022 dated 07.07.2022 registered at PS Shashtri Park, Delhi under Sections 354/451/323/509/506/34 IPC in W.P.(CRL) 2913/2024 and FIR No. 601/2022 dated 07.07.2022 registered under Section 354/354B/451/323/34 IPC at PS Shastri Park, Delhi in CRL.M.C. 7016/2024.

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The compromise deed dated 04.05.2024 already on the record which reads as follows;

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In the case of Ramgopal and Anr. v. The State of Madhya Pradesh (CRL.A. No. 1489 of 2012), dated 29.09.2021, the Supreme Court inter alia held that FIRs can be quashed in cases where the dispute is personal or civil in nature and does not affect public law or societal interests. This ruling aims to prevent unnecessary litigation, especially in private matters. The Court emphasized the value of promoting harmony through settlements in disputes such as matrimonial or property issues. However, it clarified that serious crimes like murder or rape, which have wider societal implications, cannot be quashed through private settlements. This distinction ensures that public interest is upheld in cases of grave offenses.

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Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable

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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 09/10/2024 at 14:50:37

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settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial

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The statements of both the complainants have been recorded jointly in this regard. Both the parties submit that they have entered into the settlement without fear, force or coercion. IO has duly identified the parties.

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In view of the above, FIR Nos. being FIR No. 603/2022 dated 07.07.2022 registered at PS Shashtri Park, Delhi under Sections 354/451/323/509/506/34 IPC in W.P.(CRL) 2913/2024 and FIR No. 601/2022 dated 07.07.2022 registered under Section 354/354B/451/323/34 IPC at PS Shastri Park, Delhi in CRL.M.C. 7016/2024 and all the other proceedings emanating therefrom are quashed.

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DINESH KUMAR SHARMA, J

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SEPTEMBER 20, 2024 Pallavi /DG

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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 09/10/2024 at 14:50:37

Mohammad Anees & Ors. v. State of NCT of Delhi and Anr.

Case brief

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What did the court decide?

Mohammad Anees & Ors. v. State of NCT of Delhi and Anr.

Case brief

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