Partly allowed

Shakuntala Raj, and Anr. v. State of NCT of Delhi and Anr.

Delhi HC5 Dec 2024CRL.M.C./3681/2023

Case brief

AI extract

What is this about?

The court quashed an FIR filed for offences under Sections 323, 365, 342, 506, and 34 of the IPC. The petition, filed under Section 482 CrPC (now Section 528 BNSS), was dismissed as not pressed. Consequently, the court allowed the quashing of the FIR based on a settlement agreement and the petitioner's undertaking.

What did the court decide?

The FIR bearing No. 1307/2014 registered at Police Station - Madhu Vihar, Delhi, for offences punishable under Sections 323/365/342/506/34 of the IPC and consequent proceedings are quashed.

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

¶1

$~60

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 3681/2023 & Crl.M.A.13916/2023

¶4

SHAKUNTALA RAJ, AND ANR ....Petitioners

¶5

Through: Mr. Sakesh Kumar, Advocate with petitioners in person through vc

¶6

versus

¶7

STATE OF NCT OF DELHI AND ANR ....Respondents Through: Ms. Richa Dhawan, APP for State with SI P Buno PS Madhu Vihar Mr. Nitin Chaudhary, Mr. Lokesh Kumar, Mr. Ajay Kumar and Mr. Arun Kumar, Advocates for R-2 R-2 in person through vc

¶8

CORAM:

¶9

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

¶10

O R D E R

¶11

% 05.12.2024

¶12

Crl.M.A.26794/2024

¶13

Learned counsel for the petitioners submitted that he is not pressing the present application and has requested this Court to take on record the Settlement Agreement dated 23^rd January, 2024 filed along with the present application.

¶14

Accordingly, the present application is dismissed being not pressed.

¶15

CRL.M.C. 3681/2023 & Crl.M.As.13916/2023

¶16

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”) (now under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS)) has been

¶17

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 02/07/2025 at 09:18:44

¶18

filed by the petitioners praying for quashing of FIR bearing No. 1307/2014 registered at Police Station - Madhu Vihar, Delhi for offences punishable under Sections 323/365/342/506/34 of the Indian Penal Code, 1860 (hereinafter “IPC”).

¶19

The petitioners are present before this Court (through Video Conferencing) and have been identified by their counsel Mr. Sakesh Kumar and Investigating Officer SI P. Buno, Police Station - Madhu Vihar. The respondent No.2/complainant is also present in the Court (through Video Conferencing) and has been identified by her counsel Mr. Nitin Chaudhary and the Investigating Officer.

¶20

On the query made by this Court, respondent no.2/complainant has categorically stated that he has entered into compromise on his own free will and without any pressure. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties. 4. The brief facts of the case are that there is a persisting dispute between the petitioners and respondent no. 2 since a long time. However, it was alleged that on 28^th October, 2014, the petitioner was kidnapped and beaten mercilessly by the petitioners, thereby leading to the registration of the aforesaid FIR against the petitioners. 5. With the intervention of family members and relatives, both the parties entered into settlement on 23^rd January, 2024. The terms and conditions of the said settlement are mentioned in the settlement agreement which is annexed as Annexure A-1 to the petition.

¶21

It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise as per the Judgment of the Hon’ble Supreme Court passed in Gian Singh vs. State

¶22

¶23

of Punjab, (2012) 10 SCC 303 . At this juncture, the petitioner appearing inperson also undertakes to not repeat the same conduct in the future.

¶24

Per contra, learned APP for the State submitted that there is no opposition to the prayer made on behalf of the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

¶25

Heard learned counsel for the parties and perused the record.

¶26

Keeping in view the fact that parties have settled the matter as well as undertaking given by the petitioner, no useful purpose would be served by keeping the matter pending. Hence, FIR bearing No. 1307/2014 registered at Police Station - Madhu Vihar, Delhi for offences punishable under Sections 323/365/342/506/34 of the IPC and consequent proceedings emanating therefrom are quashed.

¶27

The petition along with pending application(s) stands disposed of.

¶28

CHANDRA DHARI SINGH, J

¶29

DECEMBER 5, 2024 Rt/mk

¶30

Click here to check corrigendum, if any

¶31

Shakuntala Raj, and Anr. v. State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Shakuntala Raj, and Anr. v. State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dr Sonia D Narang Vs State of NCT of Delhi

Suraj Parkash Vs State (Nct of Delhi) & Anr.

Vivekanand Giri Vs State Govt. of NCT of Delhi

Jitender Kumar Nishad @ Jitu Vs the State and Others

Tushar Aneja and Anr. Vs State of NCT of Delhi and Anr.

Dr. Priyanka Kureel and Ors. Vs State of NCT of Delhi and Anr.