Allowed

Japjeet Singh@Jaspeet Singh Chopra v. State NCT of Delhi & Anr. & Ors.

Delhi HC7 May 2024CRL.M.C./557/2024

Case brief

AI extract

What is this about?

This Order allowed a petition under Section 482 Cr.P.C. to quash an FIR registered under Sections 341/354/506/509 IPC. Relying on settled precedents, the Court held that since the parties had amicably settled their disputes, continuing proceedings would serve no useful purpose and create acrimony. The FIR was quashed subject to a condition of depositing Rs.50,000 with the Delhi Police Martyrs' Fun

What did the court decide?

The FIR No.447/2016 and all consequential proceedings are quashed. The petitioner must deposit Rs.50,000 with the Delhi Police Martyrs' Fund within four weeks and file proof.

Japjeet Singh@Jaspeet Singh Chopra Vs State NCT of Delhi… — Quashing and FIR | 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. 557/2024 & CRL.M.A. 2282/2024

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JAPJEET SINGH@JASPEET SINGH CHOPRA ..... Petitioner

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Through: Ms.Priya Sharma, Mr.Arun Sharma, Advs. along with petitioner in person.

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versus

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STATE NCT OF DELHI & ANR. & ORS. ..... Respondents Through: Mr. Shoaib Haider, APP with SI Gajender. Complainant is present in person (through VC)

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CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R

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% 07.05.2024

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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.447/2016 registered at Police Station: Punjabi Bagh, under Sections 341/354/506/509 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of settlement.

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The petitioner and the respondent no.2 have some business deal and the disputes arose out of the same, which led to the filing of the above FIR.

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The learned counsel for the petitioner submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement/Compromise dated

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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 13/05/2024 at 11:16:07

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16.07.2022.

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The respondent no.2, who is present in Court (through VC) and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that she has settled all the disputes with the petitioner of her own free will and without any coercion. The respondent no.2 submits that she 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 parties.

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Keeping in view the fact that the respondent no.2 does not wish to pursue her 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 the chances of its success will be rather minuscule and it would rather 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 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.447/2016 registered at Police Station: Punjabi Bagh, under Sections 341/354/506/509

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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 13/05/2024 at 11:16:07

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of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner shall deposit costs of Rs.50,000/with the Delhi Police Martyrs’ Fund, [Bank Name: UCO Bank, IIPA, ITO, New Delhi, A/c No. 18200110036907] within a period of four weeks from today, and file proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, within the said period.

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NAVIN CHAWLA, J

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MAY 7, 2024 RN/ RP

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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 13/05/2024 at 11:16:07

Japjeet Singh@Jaspeet Singh Chopra v. State NCT of Delhi & Anr. & Ors.

Case brief

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Japjeet Singh@Jaspeet Singh Chopra v. State NCT of Delhi & Anr. & Ors.

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