Allowed

Jitender Kumar & Ors. v. State of NCT of Delhi & Anr.

Delhi HC25 Sept 2024CRL.M.C./5173/2024

Case brief

AI extract

What is this about?

Two quashing petitions under section 482 CrPC sought closure of FIRs for offences including sections 323, 354 and 506 IPC following an amicable settlement between the parties. The court verified the settlement, noted the State's no objection, relied on Gian Singh and Narinder Singh, and quashed both FIRs subject to costs paid by the petitioners as atonement.

What did the court decide?

Both FIRs (No. 128/2023 and No. 129/2023, P.S. Tigri) and all proceedings therefrom quashed, subject to petitioners paying Rs. 5,000 each as costs.

Jitender Kumar & Ors. Vs State of NCT of Delhi & Anr. — Quashing and FIR | Delhi HC (2024)

¶1

$~16 & 17

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

CRL.M.C. 5173/2024 JITENDER KUMAR & ORS. .....Petitioners Through: Ms. Sumati Sharma and Mr. M.S. Himanshu Vij, Advocates.

¶4

versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Utkarsh, APP for the State with SI Vipin Rathi, P.S.: Tigri, South Delhi.

¶5

CRL.M.C. 5179/2024 HARI CHAND & ANR. .....Petitioners Through: Mr. Amit Kumar, Advocate. versus STATE & ANR. .....Respondents Through: Mr. Utkarsh, APP for the State with SI Vipin Rathi, P.S.: Tigri, South Delhi.

¶6

CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 25.09.2024

¶7

CRL.M.C. 5173/2024

¶8

CRL.M.C. 5179/2024

¶9

By way of CRL.M.C. No.5173/2024 filed under section 482 of the Code of Criminal Procedure 1973, the parties seek quashing of case FIR No. 128/2023 dated 06.04.2023 registered under sections 323/354/506/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Tigri, Delhi; and by way of CRL.M.C. No. 5179/2024 filed under section 482 of the Cr.P.C., the parties seek quashing of case FIR No.129/2023 dated 07.04.2023 registered under sections 323/354/354(B)/34 IPC at P.S.: Tigri, Delhi.

¶10

CRL.M.C. 5173/2024 & CRL.M.C. 5179/2024

¶11

Page 1 of 3

¶12

This is a digitally signed order. CRL.M.C. 5173/2024 & CRL.M.C. 5179/2024 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 05/10/2024 at 10:46:00

¶13

The petitions are premised on Memorandum of Settlement dated 12.04.2024, whereby the parties have resolved the matter amicably.

¶14

The petition is also supported by affidavits of the parties, alongwith proof of their I.D.s.

¶15

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

¶16

The court has interacted with the complainant/respondent No.2 in both the matters, as also with the petitioners, who have confirmed that they have now resolved the matter and a Memorandum of Settlement dated 12.04.2024 has been signed by them closing all issues amicably. Parties state that they want to close all proceedings arising from the subject FIRs and now wish to live in peace and harmony going forward.

¶17

Mr. Utkarsh, learned APP confirms that the State has no objection to the subject FIRs being quashed.

¶18

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 FIRs 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 FIRs and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

¶19

CRL.M.C. 5173/2024 & CRL.M.C. 5179/2024

¶20

Page 2 of 3

¶21

This is a digitally signed order. CRL.M.C. 5173/2024 & CRL.M.C. 5179/2024 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 05/10/2024 at 10:46:00

¶22

While allowing the petition however, this court considers it appropriate, that by way of atonement, the quashing of the subject FIRs shall be subject to the petitioners in each of the two cases paying costs of Rs. 5,000/- each to Friendicoes SECA, No.271 & 273, Defence Colony Flyover Market, Jungpura, New Delhi, within 04 weeks. Petitioners are directed to place on record the proof of payment of costs, within 01 week thereafter.

¶23

Subject to the aforesaid condition, FIR No. 128/2023 dated 06.04.2023 registered under sections 323/354/506/34 of IPC at P.S.: Tigri, Delhi and FIR No.129/2023 dated 07.04.2023 registered under sections 323/354/354(B)/34 of IPC at P.S.: Tigri, Delhi are quashed. All proceedings arising therefrom also stand closed.

¶24

The Registry is directed to re-list the matter if costs are not paid as directed.

¶25

The petitions stand disposed-of.

¶26

Pending applications, if any, also stand disposed-of.

¶27

ANUP JAIRAM BHAMBHANI, J

¶28

SEPTEMBER 25, 2024/ ak

¶29

CRL.M.C. 5173/2024 & CRL.M.C. 5179/2024

¶30

Page 3 of 3

¶31

This is a digitally signed order. CRL.M.C. 5173/2024 & CRL.M.C. 5179/2024 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 05/10/2024 at 10:46:00

Jitender Kumar & Ors. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Jitender Kumar & Ors. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S S.K. Engineer Vs the State (Nct of Delhi) and Anr.

Rohit Vs State Gnct of Delhi

Ravinder Kumar Vs State of NCT of Delhi and Anr.

M/S Cholamandalam Investment and Finance Co. Ltd. Vs the State (Nct of Delhi) & Ors.

Satyaveer Jain & Anr. Vs the State Govt of NCT of Delhi & Ors.

Saurabh Birla & Ors. Vs State NCT of Delhi & Anr.