Allowed

Kamal & Anr. v. the State and Anr.

Delhi HC16 Aug 2024CRL.M.C./399/2024

Case brief

AI extract

What is this about?

The Court allowed petitions seeking quashing of cross FIRs (500/2018, 501/2018) based on a settlement and unconditional apology. Proceedings were quashed, costs were directed to be deposited, and the petitioners were permitted free passage.

What did the court decide?

Cross FIRs No. 500/2018 and 501/2018 and proceedings therefrom are quashed. Petitions are allowed. Complainants to deposit Rs.25,000/- each.

Kamal & Anr. Vs the State and Anr. — Quashing and FIR | Delhi HC (2024)

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$~13 & 14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 399/2024

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KAMAL & ANR. .....Petitioners

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Through: Mr. Shikhar Khatri, Adv.

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versus

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THE STATE AND ANR. .....Respondents Through: Mr. Hitesh Vali, APP for the State & SI Rooma Madan, PS Nangloi

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CRL.M.C. 603/2024

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SHRI KAMLESH @ KAMLESH KUMAR MUNDOTIYA & ANR.

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.....Petitioners

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Through: Mr. Saksham Aggarwal, Adv.

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versus

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THE STATE (GOVT. OF NCT OF DELHI) & ANR.

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.....Respondents Through: Mr. Hitesh Vali, APP for the State SI Rooma Madan, PS Nangloi

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

16.08.2024

These petitions have been filed seeking quashing of cross FIRs lodged by the parties being FIR No. 500/2018 and FIR No. 501/2018, PS Nangloi under Sections 376/328/506 IPC on the basis of settlement arrived at between the parties dated 21^st October 2023, which is on record of this Court.

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Petitioners and complainants in both these petitions are present in

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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 22/08/2024 at 12:16:47

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Court and are duly identified by IO and the respective counsels and state that these complaints were filed emanating out of a neighbourhood quarrel which went out of control.

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Compromise Deed dated 21^st October 2023 is filed before this Court. 4. Both complainants in respective matters tender an unconditional apology for having instituted these complaints which merely arose out of quarrel, as also they are willing to pay costs. Accordingly, complainants in both these petitions shall deposit a sum of Rs.25,000/- each with Delhi High Court Legal Service Committee within a period of 2 weeks from today. proof of deposit of costs be filed along with affidavit before this Court, as also copy be provided to the IO.

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Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, both these cross FIRs being FIRs lodged by the parties being FIR No. 500/2018 and FIR No. 501/2018, PS Nangloi under Sections 376/328/506 IPC and proceedings emanating therefrom are quashed.

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Parties shall abide by the terms of settlement.

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Accordingly, both these petitions are disposed of. Pending applications (if any) are disposed of as infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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AUGUST 16, 2024/sm

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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 22/08/2024 at 12:16:47

Kamal & Anr. v. the State and Anr.

Case brief

What is this about?

What did the court decide?

Kamal & Anr. v. the State and Anr.

Case brief

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