Delhi High Court quashed an FIR under Sections 323/354 IPC and CPC proceedings after parties amicably settled the dispute via a deed without coercion, subjecting petitioners to a security deposit.
FIR bearing No. 111/2014 and all consequential proceedings quashed subject to petitioners depositing Rs. 5,000 with Welfare Fund within ten days.
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MUKESH KUMAR & ANR. ..... Petitioners Through: Mr. Satender Kumar and Mr. Bharat Saini, Advocates along with petitioners.
versus STATE OF NCT AND ORS. ..... Respondents Through: Mr. Satish Kumar, APP for the State with IO, P.S. Sonia Vihar. Mr. Vipin Dilwari, Advocate for R-2 along with R-2.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
CRL.M.C. 678/2024
This is a digitally signed order.
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of the State.
6. Brief facts of the case as per the petition are, that on 22.03.2014, the present FIR was registered against the petitioners under Sections 323/354/452/34 of Indian Penal Code, 1860 („IPC‟) on the complaint of respondent no. 2. It is stated that chargesheet has been filed in this case on 06.10.2015. It is stated that during the pendency of the case, both the parties have amicably settled their disputes vide Settlement Deed dated 29.07.2019. 7. On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties vide Settlement Deed dated 29.07.2019 entered into between them.
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 30/07/2024 at 12:45:17
Welfare Fund, Karkardooma Courts, New Delhi within ten days.
SWARANA KANTA SHARMA, J
JANUARY 29, 2024/zp
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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 30/07/2024 at 12:45:17
2 issues framed by the court
Whether FIR under Sections 323/354/452/34 IPC and consequential proceedings should be quashed upon settlement and absence of coercion?
Whether deposit of security amount is a condition for quashing the proceedings?
2 provisions across 2 enactments
Mukesh Kumar
State of NCT
Respondent no. 2
Swarana Kanta Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
