Allowed

Lalit Bansal & Anr. v. State through SHO Aman Vihar & Anr.

Delhi HC20 Aug 2024CRL.M.C./6472/2024

Case brief

AI extract

What is this about?

The Delhi High Court, relying on Supreme Court precedents, quashed an FIR and all related proceedings after finding that the parties had amicably settled the dispute via a Memorandum of Understanding. The court held that continuing the case would be futile given the settlement.

What did the court decide?

Case FIR No. 302/2019 dated 04.07.2019 and all legal proceedings arising therefrom are quashed and closed.

Lalit Bansal & Anr. Vs State through SHO Aman Vihar & Anr. — Quashing and FIR | Delhi HC (2024)

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$~68

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6472/2024 LALIT BANSAL & ANR. .....Petitioners Through: Mr. Kartik Kumar, Advocate.

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versus

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STATE THROUGH SHO AMAN VIHAR & ANR.

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.....Respondents

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Through: Mr. Utkarsh, APP for the State with SI Manish Kumar, P.S. Aman Vihar. Ms. Manisha, Advocate for R-2 alongwith R-2.

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CORAM:

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HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

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O R D E R % 20.08.2024

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CRL.M.A. 24745/2024 (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. 6472/2024

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By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners and complainant/respondent No. 2, seek quashing of case FIR No. 302/2019 dated 04.07.2019 registered under sections 506/509/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Aman Vihar, Delhi (‘Subject FIR’). Consequent upon completion of investigation, sections 323/354-A/354-B of the IPC have been added vide chargesheet dated 24.07.2020.

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CRL.M.C. 6472/2024 Page 1 of 3

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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 04/09/2024 at 12:22:28

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The petition is premised on Memorandum of Understanding (‘MoU’) dated 02.04.2024, whereby the petitioners and respondent No. 2 have resolved the matter amicably. The petition is also supported by affidavits of the petitioners and of respondent No. 2, alongwith proofs of their I.D.s.

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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 the petitioners, as also with respondent No.2, who have confirmed that they have now resolved the matter and a MoU dated 02.04.2024 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

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As recorded in the MoU, the parties had filed three FIRs against each other. Of those, the court is informed, that the offences in FIR No. 33/2018 dated 14.01.2018 registered under sections 451/323/354-B/506/34 of the IPC at P.S. Begampur, Delhi are stated to have been compounded; and a separate petition is stated to have been filed seeking quashing of case FIR No. 305/2018 dated 02.06.2018 registered under sections 354-A/509 of IPC at P.S.: Begampur, Delhi.

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Mr. Utkarsh, 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 & reported as (2014) 6 SCC 466, this court sees no reason why the

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CRL.M.C. 6472/2024 Page 2 of 3

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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 04/09/2024 at 12:22:28

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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. 302/2019 dated 04.07.2019 registered under sections 506/509/34 of IPC at P.S.: Aman Vihar, Delhi is quashed. All proceedings arising therefrom also stand closed.

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Petition stands disposed-of.

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

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ANUP JAIRAM BHAMBHANI, J

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AUGUST 20, 2024 V.Rawat

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CRL.M.C. 6472/2024 Page 3 of 3

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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 04/09/2024 at 12:22:28

Lalit Bansal & Anr. v. State through SHO Aman Vihar & Anr.

Case brief

What is this about?

What did the court decide?

Lalit Bansal & Anr. v. State through SHO Aman Vihar & Anr.

Case brief

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What did the court decide?

What the court decided

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