Allowed

Ayush Chaturvedi v. the State (Govt. of NCT of Delhi) & Ors.

Delhi HC5 Jan 2024W.P.(CRL)/36/2024

Case brief

AI extract

What is this about?

The High Court quashed an FIR registered under Sections 323/341/34 IPC after finding that the parties had settled the dispute through a compromise deed. Relying on Gian Singh v. State of Punjab, the Court held that no useful purpose would be served by continuing the proceedings and allowed the writ petition, subject to a cost.

What did the court decide?

FIR No. 722/2023 quashed subject to cost of Rs. 50,000/-

Ayush Chaturvedi Vs the State (Govt. of NCT of Delhi) & Ors. — Quashing and FIR | Delhi HC (2024)

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$~47

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 36/2024 & CRL.M.A. 318/2024, 319/2024

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AYUSH CHATURVEDI ..... Petitioner Through: Mr. Yogendra Kumar Verma and Mr. Vinayak Batta, Advs. with petitioner in person.

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versus

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THE STATE (GOVT. OF NCT OF DELHI) & ORS. ..... Respondents Through: Mr. Anand V. Khatri, ASC (Crl.) for State with SI Rahul, P.S. IGI Airport. Mr. Sachin Sani, Adv. for R-2 & 3 with R-2 & 3 in person.

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CORAM: HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R % 05.01.2024

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The present writ petition under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C seeks quashing of FIR No. 722/2023, under Sections 323/341/34 of the IPC, registered at P.S. IGI Airport, New Delhi.

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Learned counsel for the petitioner submits that the aforesaid FIR was registered at the instance of respondent no.2, on account of fight between the petitioner and respondent no.2 and 3 herein. During the pendency of the investigation of the FIR, the parties have arrived at a compromise vide Compromise Deed dated 21.12.2023. It is pointed out that a cross FIR bearing No. 723/2023 under Sections, 323/341/34 of the IPC at P.S. IGI

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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 06/05/2024 at 16:09:02

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Airport, registered at the instance of petitioner herein, which is subject matter of W.P.(CRL) 37/2024 is being disposed of by order of the same date.

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Petitioner and complainant/respondent no. 2 as well as respondent no. 3 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Rahul, P.S. IGI Airport.

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The complainant/respondent no.2 and respondent no. 3 states that the matter has been settled with the petitioners and they have no objection if the FIR is quashed. They further states that all the terms of the compromise deed have been complied with.

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In view of the settlement between the parties, learned ASC for the State also has no objection if the present FIR is quashed.

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In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

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“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.”

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In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 722/2023, under Sections 323/341/34 of the IPC, registered at P.S. IGI Airport, New Delhi.

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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 06/05/2024 at 16:09:02

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In the interest of justice, the petition is allowed, and the FIR No. 722/2023, under Sections 323/341/34 of the IPC, registered at P.S. IGI Airport, New Delhi., is hereby quashed subject to cost of Rs. 50,000/- to be deposited by the petitioner with Delhi High Court Advocates Welfare Trust within 7 working days from today.

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Petition is allowed and disposed of accordingly.

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Pending application(s), if any, also stand disposed of.

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AMIT SHARMA, J

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JANUARY 05, 2024 / nk

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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 06/05/2024 at 16:09:02

Ayush Chaturvedi v. the State (Govt. of NCT of Delhi) & Ors.

Case brief

What is this about?

What did the court decide?

Ayush Chaturvedi v. the State (Govt. of NCT of Delhi) & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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