The High Court of Delhi allowed a petition under Section 482 Cr.P.C. to quash an FIR arising from a neighbourhood dispute, as the parties had reached a settlement via an MOU and the State had no objection.
Quashing of FIR No. 334/2014 and all consequential proceedings.
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Through: Mr. Manish Miglai, Mr. Lalit Chand Sharma, Mr. Mohit Miglani & Mr. Lakshay Bhardwaj, Advocates. Petitioner no. 1 and 2 through VC.
STATE OF NCT DELHI THROUGH STATION HOUSE OFFICER
& ANR. ..... Respondents
Through: Mr. Sunil Kumar Gautam, APP for the State with SI Ravi Yadav, P.S. Lajpat Nagar.
Mr. Gaurav Sharma, Advocate for R- 2 alongwith R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
CRL.M.A. 2285/2024 (Exemption)
CRL.M.C. 559/2024 & CRL.M.A. 2284/2024 (Stay)
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 13/12/2024 at 14:29:31
Courts, Delhi.
“61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and
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 13/12/2024 at 14:29:31
compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”
AMIT SHARMA, J
FEBRUARY 5, 2024/bsr
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 13/12/2024 at 14:29:31
2 issues framed by the court
Whether the FIR should be quashed in light of the settlement between the parties.
Whether continuing criminal proceedings after settlement would be an abuse of the process of law.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶26
Gian Singh v. State of Punjab, (2012) 10 SCC 303 · Who else cites this
2 provisions across 2 enactments
Urmila & Anr.
State of NCT Delhi Through Station House Officer
Amit Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
