Quashed

Rohit Thukal & Ors. v. the State NCT of Delhi & Anr.

Delhi HC22 Aug 2024W.P.(CRL)/302/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed an FIR registered for offences under IPC Sections 365, 323, and 34 due to an amicable settlement and tendered apology by the petitioners. The court held that it was in the interest of justice to quash proceedings given the voluntary resolution of differences.

What did the court decide?

FIR bearing No. 661/2023 dated 02.10.2023 and all consequential proceedings qua the same are quashed.

Rohit Thukal & Ors. Vs the State NCT of Delhi & Anr. — Quashing and FIR | Delhi HC (2024)

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$~48

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 302/2024

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ROHIT THUKAL & ORS. .....Petitioners Through: Mr. Gulshan Garg, Advocate.

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versus

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THE STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Anmol Sinha, ASC for State.

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CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R 22.08.2024

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The present petition under Section 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioners seeking quashing of FIR bearing No. 661/2023 dated 02.10.2023, registered at Police Station Jyoti Nagar, Delhi, for offences punishable under Sections 365/323/34 of the Indian Penal Code, 1860 ('IPC').

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Issue notice. Learned ASC accepts notice on behalf of the State. 3. The parties are present in person and submit that they have entered into a Settlement dated 17.10.2023 wherein the petitioners have tendered their apology.

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The parties are present before this Court, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms

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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 28/08/2024 at 12:36:16

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thereof voluntarily and shall remain bound by the terms.

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Apparently, the petitioners suspected the complainant of having stolen the autorickshaw and had found them standing on the roadside and had put him in his car but the police standing nearby had got the respondent No.2 released. It is apparently a confusion in which the incident happened of which the petitioners have repented and they have tendered apology.

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In view of the above facts, whereby the parties have amicably resolved their differences out of their own free will and without any coercion, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing No. 661/2023 dated 02.10.2023, registered at Police Station Jyoti Nagar, Delhi, for offences punishable under Sections 365/323/34 of the Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom, are quashed.

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The petition along with the pending Applications stands disposed of.

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NEENA BANSAL KRISHNA, J

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AUGUST 22, 2024 rk

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Rohit Thukal & Ors. v. the State NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Rohit Thukal & Ors. v. the State NCT of Delhi & Anr.

Case brief

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