Allowed

Gaurav Mittal & Ors. v. State (Govt. of NCT of Delhi) & Anr.

Delhi HC15 May 2024CRL.M.C./436/2022

Case brief

AI extract

What is this about?

The Delhi High Court allowed a petition under Section 482 Cr.P.C. seeking quashing of an FIR registered under IPC sections 406, 420, and 34. Based on an amicable settlement for a commercial dispute and the respondent's consent, the court quashed the FIR and all consequent proceedings.

What did the court decide?

FIR No. 17/2021 registered at Police Station R.K. Puram under Sections 406/420/34 IPC and all consequential proceedings against petitioners are quashed.

Gaurav Mittal & Ors. Vs State (Govt. of NCT of Delhi) & Anr. — Quashing and FIR | Delhi HC (2024)

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$~54

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 436/2022 & CRL.M.A. 1974/2022 GAURAV MITTAL & ORS.

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	..... Petitioners
Through:	Mr.Neeraj Chaudhari,
	Mr.Akshay Chandra, Mr.Prem
	Nath Upadhyay &
	Mr.Deeparghya Datta, Advs.
	Petitioners present in person.

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versus

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

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Through:	..... Re Ms.Priyanka Dalal, AP	spondents P.
	SI Naveen Kumar,	PS RK
	Puram.
	Mr.Krishan Kumar, A	dv. for R-
	2.
	Respondent no.2	present
	through VC.

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CORAM:

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HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R % 15.05.2024

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This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No. 17/2021 registered at Police Station: R.K. Puram, South West under Sections 406/420/34 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of a settlement.

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Issue notice.

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Notice is accepted by Ms.Priyanka Dalal, learned APP and

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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 20/05/2024 at 11:33:56

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Mr.Krishan Kumar, learned counsel for respondent no.2.

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The learned counsel for the petitioners submits that the disputes between the parties arose out of a commercial dispute between the parties. He submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide a Memorandum of Understanding dated 03.03.2021.

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The respondent no.2 is present in Court through VC and has been duly identified by the Investigating Officer (IO). He reaffirms the settlement and states that he has settled all the disputes with the petitioners out of his own free will and without any coercion. The respondent no.2 submits that he 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.

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Keeping in view the fact that the respondent no.2 does not wish to pursue his 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 it would create further acrimony between the parties and 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 335, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers

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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 20/05/2024 at 11:33:56

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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. 17/2021 registered at Police Station: R.K. Puram, South West under Sections 406/420/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed.

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NAVIN CHAWLA, J

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MAY 15, 2024 /rv/am

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Click here to check corrigendum, if any

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Gaurav Mittal & Ors. v. State (Govt. of NCT of Delhi) & Anr.

Case brief

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Gaurav Mittal & Ors. v. State (Govt. of NCT of Delhi) & Anr.

Case brief

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