Allowed

Lavit & Anr. v. the State Govt. of NCT Delhi & Anr.

Delhi HC12 Sept 2024CRL.M.C./5312/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed FIR No. 2/2021 and subsequent proceedings under IPC sections 323, 341, 506, and 34. Relying on settled Supreme Court law and an amicable settlement agreement between the parties, the court held that continuing the trial was futile and contrary to public policy regarding peace and harmony.

What did the court decide?

FIR No. 2/2021 and all proceedings arising therefrom are quashed and closed.

Lavit & Anr. Vs the State Govt. of NCT Delhi & Anr. — Quashing and FIR | Delhi HC (2024)

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$~25

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5312/2024

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LAVIT & ANR. .....Petitioners

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Through: Mr. Nagender Kasana and Ms. Moni Rexwal, Advocates.

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versus

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THE STATE GOVT. OF NCT DELHI & ANR. .....Respondents Through: Ms. Shubhi Gupta, APP for the State with SI Sachin Panwar, P.S. Fatehpur Beri.

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 12.09.2024 CRL.M.A. 20313/2024 (exemption)

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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. 5312/2024

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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/respondent No. 2, seek quashing of case FIR No. 2/2021 dated 02.01.2021 registered under sections 323/341/506/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Fatehpur Beri, Delhi. 2. The petition is premised on Memorandum of Understanding / Agreement dated 22.03.2024, whereby the petitioners and respondent No. 2 have resolved the matter amicably.

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The petition is supported by affidavits of the petitioners and of respondent No. 2, alongwith proof of their I.D.s.

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CRL.M.C. 5312/2024

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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 01/10/2024 at 12:00:19

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The contesting parties are present in court. Their credentials have been verified and they have also been identified by the Investigating Officer.

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The court has interacted with respondent No.2, as also with the petitioners, who have confirmed that they have now resolved the matter and a Memorandum of Understanding/Agreement dated 22.03.2024 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

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Ms. Shubhi Gupta, 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, FIR No. 2/2021 dated 02.01.2021 registered under sections 323/341/506/34 IPC at P.S.: Fatehpur Beri, Delhi is quashed. All proceedings arising therefrom also stand closed.

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