High Court Delhi allowed criminal revision petition to quash FIR and consequential proceedings based on settlement between parties and payment of agreed compensation, citing Gian Singh. Cost imposed for counselling.
FIR No. 267/2022 and all consequential proceedings quashed; petitioner to deposit Rs 35,000 with DLSA within ten days.
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$~5
versus
GOVT OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Sunil Kumar Gautam, APP for the State. SI Sunder Singh, PS Nangloi. R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
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 13/12/2024 at 14:57:40
The copy of the aforesaid settlement deed dated 15.07.2022 is on record (Annexure P-3).
“61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”
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 13/12/2024 at 14:57:40
emanating therefrom, including the chargesheet pending before the Court of Sh. Shubham Devadiya, learned Metropolitan Magistrate-05, (West), Tis Hazari Courts, Delhi.
AMIT SHARMA, J
FEBRUARY 06, 2024/ sn
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 13/12/2024 at 14:57:40
2 issues framed by the court
Whether FIR under Sections 420/506/34 IPC should be quashed in light of settlement between parties.
Whether continuation of criminal proceedings is unfair after settlement and payment of compensatory amount.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶19
Gian Singh v. State of Punjab, (2012) 10 SCC 303 · Who else cites this
3 provisions across 3 enactments
DEEPAK JAIN
GOVT OF NCT OF DELHI
R-2
AMIT SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
