Allowed

Jai Parkash & Ors. v. State NCT of Delhi & Anr.

Delhi HC15 Feb 2024CRL.M.C./680/2023

Case brief

AI extract

What is this about?

High Court Delhi allowed petition under Section 482 Cr.P.C. to quash FIR arising from neighbourhood dispute where parties had settled amicably. Court emphasized avoiding acrimony and unnecessary financial burden on state exchequer.

What did the court decide?

FIR No. 379/2015 and all consequential proceedings quashed; petitioners to deposit Rs.10,000/- each for Acid Attack Victims within four weeks.

Jai Parkash & Ors. Vs State NCT of Delhi & Anr. — Quashing and FIR | Delhi HC (2024)

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$~53

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 680/2023

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JAI PARKASH & ORS.

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..... Petitioners Through: Mr.Satish Kumar & Mr.Rekh Sharma, Advs.

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versus

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STATE NCT OF DELHI & ANR.

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..... Respondents Through: Mr.Aman Usma, APP. SI Kishan Chand & ASI Dharambeer, PS Bindapur. Ms.Namita Roy, Ms.Gopa Biswas & Mr.Himanshu Anand, Advs. for R-2.

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

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% 15.02.2024 1. 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. 379/2015 registered at Police Station: Bindapur, South-West District, Delhi under Sections 354B/452/506/341/34 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of a settlement.

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The petitioners and the respondent no.2 are next door neighbours and the disputes arose out of some petty issues between the parties, which led to the filing of the above FIR.

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The learned counsel for the petitioners submits that the parties

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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 17/12/2024 at 15:42:04

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have amicably settled their inter se disputes and have entered into a settlement vide Memorandum of Understanding dated 13.05.2022.

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The respondent no.2 is present in person in Court and has been duly identified by the Investigating Officer (IO), and he affirms the settlement and state that he has settled all the disputes with the petitioners of his own free will and without any coercion. The respondent no.2 submits that he 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 the parties. 6. Keeping in view the fact that the parties are neighbours and the respondent no.2 does not wish to pursue his 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 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 3, 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. 379/2015

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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 17/12/2024 at 15:42:04

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registered at Police Station: Bindapur, South-West District, Delhi under Sections 354B/452/506/341/34 of IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners shall deposit costs of Rs.10,000/- each with the Delhi State Legal Services Authority 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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The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing support to the Acid Attack Victims requiring such assistance.

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The petition disposed of in the above terms.

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NAVIN CHAWLA, J

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FEBRUARY 15, 2024 /rv/ss 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 17/12/2024 at 15:42:04

Jai Parkash & Ors. v. State NCT of Delhi & Anr.

Case brief

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Jai Parkash & Ors. v. State NCT of Delhi & Anr.

Case brief

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