Allowed a petition for quashing of an FIR under Section 528 of BNSS 2023. The Delhi High Court quashed proceedings due to a voluntary settlement deed between neighboring parties, noting no legal impediment remained.
FIR No. 837/2017 and all consequential proceedings are quashed.
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RAM ASARE AND ORS .....Petitioners Through: Mr. Kartickay Mathur, Mr. Muchkund Mishra, Advocates
versus
STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondents Through: Ms. Richa Dhawan, APP for the State with SI Nitesh Mahiya PS SP Badli CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R % 03.09.2024
CRL.M.A. 26552/2024(Exemption)
CRL.M.C. 6953/2024
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 06/09/2024 at 15:22:57
has been arrived at between the parties, without any pressure and coercion. 11. Today, the respondents, who are present in the Court, states that they has no objection if the FIR is quashed. 12. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that Moreover, there is no legal impediment in quashing the FIR in question. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
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 06/09/2024 at 15:22:57
323/448/452/354D/356/341/506/509/34 IPC of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC, 1860’) registered at Police Station Samaipur Badli and all consequential proceedings emanating therefrom are quashed.
NEENA BANSAL KRISHNA, J
SEPTEMBER 3, 2024/PT
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 06/09/2024 at 15:22:57
2 issues framed by the court
Whether an FIR can be quashed under Section 528 of BNSS 2023 where parties have arrived at an amicable settlement without coercion.
Whether continuing with the proceedings would serve any fruitful purpose given the voluntary settlement.
2 provisions across 2 enactments
Ram Asare and Ors.
State Govt. of NCT of Delhi and Anr.
Neena Bansal Krishna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
