Allowed

Lekhraj v. State NCT of Delhi and Anr.

Delhi HC3 Sept 2024CRL.M.C./4049/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed a petition seeking quashing of an FIR under IPC and IT Act sections due to a settlement between parties, the death of a co-accused, and the remote possibility of conviction, preventing misuse of judicial process.

What did the court decide?

The petition was allowed, and consequently, FIR No. 0360/2018 registered at PS Shahdara was quashed along with proceeds emanating therefrom.

Lekhraj Vs State NCT of Delhi and Anr. — Cheque Dishonour | Delhi HC (2024)

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$~28

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 4049/2024

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LEKHRAJ .....Petitioner

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Through: Mr. Shehnaz Khan, Advocate.

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versus

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STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Hitesh Vali, APP for State with Insp. Prateek Saxena, PS: Shahdara. Mr. Prateek Kumar, Adv for complainant. Mr. Ankit Ahluwalia, Adv for R-3.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 03.09.2024

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1. This petition has been filed seeking quashing of FIR no. 0360/2018, registered at PS Shahdara, Delhi under Sections 406/ 506 IPC & 66-C / 67 I.T. Act on the basis of settlement arrived at between the parties dated 14^th April, 2019, which is on record of this Court.

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2. One of the co-accused Neerav Verma @Makkar has since been passed away on 27^th August, 2023.

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3. Status report has been filed appending his death certificate.

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4. Petitioner and respondent no.2 are appearing through VC and are duly identified by IO and the respective counsels.

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5. Respondent no.2 has no objection to the quashing of the FIR.

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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 06/09/2024 at 15:24:15

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6. The status report verifying the death of the co -accused be placed on record by APP for State.

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7. 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, the FIR No. 0360/2018 under Sections 406/ 506 IPC & 66-C / 67 I.T. Act registered at PS Shahdara, Delhi and proceedings emanating therefrom are quashed.

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8. Parties shall abide by the terms of settlement.

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9. Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

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10. Order be uploaded on the website of this court.

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ANISH DAYAL, J

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SEPTEMBER 3, 2024/RK

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Click here to check corrigendum, if any

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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 06/09/2024 at 15:24:15

Lekhraj v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Lekhraj v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

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