Disposed

Naveen @ Saurav v. the State NCT of Delhi and Anr.

Delhi HC3 Sept 2024CRL.M.C./6946/2024

Case brief

AI extract

What is this about?

Petition under section 482 CrPC to quash an FIR for offences under sections 354/354(D)/506 IPC following a settlement deed between petitioner and complainant. With State's consent and relying on Supreme Court precedent, the court quashed the FIR subject to payment of Rs.15,000/- costs as atonement.

What did the court decide?

FIR No. 692/2023 and all proceedings therefrom quashed/closed, subject to petitioner paying Rs.15,000/- costs within 04 weeks with proof filed thereafter.

Naveen @ Saurav Vs the State NCT of Delhi and Anr. — Quashing and FIR | Delhi HC (2024)

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$~64

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6946/2024

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NAVEEN @ SAURAV .....Petitioner Through: Mr. Shyam Kumar, Advocate.

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versus

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THE STATE NCT OF DELHI AND ANR .....Respondents Through: Ms. Shubhi Gupta, APP for the State. Insp. Deepak, SI Raju Singh, P.S.: Wazirabad.

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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 % 03.09.2024

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CRL.M.A. 26538/2024 (exemption)

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Exemption granted, subject to just exceptions.

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Let requisite compliances be made within 01 week.

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The application stands disposed-of.

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CRL.M.C. 6946/2024

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By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioner and complainant/respondent No. 2, seek quashing of case FIR No. 692/2023 dated 06.07.2023 registered under sections 354/354(D)/506 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Wazirabad, Delhi (‘subject FIR’).

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The petition is premised on Deed of Compromise dated 10.07.2024, whereby the petitioner and respondent No. 2 have resolved the matter amicably.

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CRL.M.C. 6946/2024 Page 1 of 3

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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 13/09/2024 at 12:17:53

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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 petitioner, as also with respondent No.2 who have confirmed that they have now resolved the matter and a Settlement Deed dated 10.07.2024 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

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Ms. Shubhi Gupta, 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 & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the 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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While allowing the petition however, this court considers it appropriate, that by way of atonement, the petitioner shall pay costs of Rs.15,000/- to Friendicoes SECA, No.271 & 273, Defence Colony Flyover Market, Jungpura, New Delhi within 04 weeks.

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CRL.M.C. 6946/2024 Page 2 of 3

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Subject to the aforesaid condition, case FIR No. 692/2023 dated 06.07.2023 registered under sections 354/354(D)/506 IPC at P.S.: Wazirabad, Delhi is quashed. All proceedings arising therefrom also stand closed.

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