Disposed

Subham @ Shivam @ Utt & Ors. v. the State(Govt of NCT of Delhi) & Ors.

Delhi HC3 Oct 2024CRL.M.C./5101/2024

Case brief

AI extract

What is this about?

Quashing petition under Section 482 CrPC seeking closure of FIR under sections 307/34 IPC following an amicable compromise deed between petitioners and complainants. With State's no-objection and relying on Supreme Court precedents, the court quashed the FIR and all proceedings, subject to payment of costs.

What the court decided

AI extract

Subham @ Shivam @ Utt & Ors. Vs the State(Govt of NCT of… — Quashing and FIR | Delhi HC (2024)

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$~72

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5101/2024 & CRL.M.A. 19497/2024 SUBHAM @ SHIVAM @ UTT & ORS. .....Petitioners Through: Mr. R.P.S. Bhatti, Advocate with petitioners in court.

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versus

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THE STATE(GOVT OF NCT OF DELHI) & ORS......Respondents Through: Mr. Tarang Srivastva, APP for the State with ASI Mahesh Sharma, P.S.: Khajuri Khas. Mr. Dharmendra Singh, Advocate for the complainants with complainants in court.

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R

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03.10.2024

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CRL.M.A. 19534/2024

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Exemption granted, subject to just exceptions.

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The application stands disposed-of.

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CRL.M.C. 5101/2024

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By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioners and complainant/respondents Nos. 2 and 3, seek quashing of case FIR No.167/2024 dated 02.02.2024 registered under sections 307/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Khajuri Khas, Delhi.

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The petition is premised on Compromise Deed dated 04.07.2024, whereby the petitioners and respondents Nos. 2 and 3 have resolved the matter amicably.

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CRL.M.C. 5101/2024

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Page 1 of 3

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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 02/07/2025 at 09:38:47

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The petition is also supported by affidavits of petitioners and respondents Nos. 2 and 3, alongwith proof of their IDs.

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The contesting parties are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

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The court has interacted with respondents Nos. 2 and 3, as also with petitioners, who have confirmed that they have now resolved the matter and a Compromise Deed dated 04.07.2024 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

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Mr. Tarang Srivastva, learned APP confirms that the State has no objection to the subject FIR being quashed.

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In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

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Accordingly, case FIR No. 167/2024 dated 02.02.2024 registered under sections 307/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Khajuri Khas, North East Delhi is quashed. All proceedings arising therefrom also stand closed.

CRL.M.C. 5101/2024

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This order shall however be subject to the petitioners paying costs of Rs. 5,000/- each to the ' Very Special Arts India ', Plot No. 3 Institutional Area, Nelson Mandela Marg, Vasant Kunj, New Delhi, within 04 weeks. Proof of payment of costs be placed on record within 01 week thereafter.

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