Allowed

Kamal Aggarwal v. the Govt of NCT of Delhi and Anr.

Delhi HC5 Feb 2024W.P.(CRL)/385/2024

Case brief

AI extract

What is this about?

The petitioner sought quashing of an FIR under Sections 420/406/506 IPC based on a settlement. The court observed the settlement was amicably reached and a sum was paid. Citing Supreme Court precedents, the court exercised its inherent powers to allow the petition and quash the FIR and consequential proceedings.

What did the court decide?

FIR No. 0606/2020 registered at Police Station: Bhajan Pura, North-East, Delhi under Sections 420/406/506 of IPC and all consequential proceedings against the petitioner are quashed.

Kamal Aggarwal Vs the Govt of NCT of Delhi and Anr. — Cheque Dishonour | Delhi HC (2024)

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$~92

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 385/2024 KAMAL AGGARWAL ..... Petitioner Through: Mr.Siddharth Chaudhary, Ms.Mansi Batra, Ms.Akshiptika Verma and Mr.Vivek Teotia, Advs. along with the petitioner in person.

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versus

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THE GOVT OF NCT OF DELHI AND ANR.

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..... Respondents Through: Mr.Sanjay Lao, SC (Crl.) SI Pankaj Kumar R-2 in person.

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CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R % 05.02.2024 CRL.M.A. 3481/2024 (Exemption)

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Allowed, subject to all just exceptions.

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W.P.(CRL) 385/2024

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This petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No. 0606/2020 registered at Police Station: Bhajan Pura, North-East, Delhi under Sections 420/406/506 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings eminating therefrom, on the basis of settlement.

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The learned counsel for the petitioner submits that the parties, that is, the petitioner and the respondent no. 2 have amicably settled their inter se disputes and have entered into a settlement before Delhi

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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 13/12/2024 at 14:37:34

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Mediation Centre, Karkardooma Courts, Delhi vide Mediation Settlement dated 21.11.2023.

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Today, the learned counsel for the petitioner hands over a Demand Draft of Rs.2,50,000/- to the respondent no.2, who is present in person in Court and has been duly identified by the Investigating Officer (IO). The respondent no.2 affirms the settlement and states that she has settled all the disputes with the petitioner of her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed.

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I have perused the contents of the FIR and also the settlement between the parties. 6. Keeping in view the above fact that the respondent no.2 does not wish to pursue her complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as the chances of its success will be rather minuscule and that it will be an unnecessary burden on the State exchequer.

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Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab , (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

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Accordingly, the petition is allowed. FIR No. 0606/2020

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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 13/12/2024 at 14:37:34

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registered at Police Station: Bhajan Pura, North-East, Delhi under Sections 420/406/506 of IPC and all consequential proceedings emanating therefrom against the petitioner are quashed.

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The petition is disposed of in the above terms.

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NAVIN CHAWLA, J

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FEBRUARY 5, 2024 /ns/RP

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Click here to check corrigendum, if any

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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 13/12/2024 at 14:37:34

Kamal Aggarwal v. the Govt of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Kamal Aggarwal v. the Govt of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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