Allowed

Poonam and Ors. v. State NCT of Delhi and Anr.

Delhi HC4 Sept 2024CRL.M.C./6984/2024

Case brief

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What is this about?

The Delhi High Court allowed a petition for quashing an FIR registered under Sections 323/341/452/506/34 IPC. Relying on a family settlement and remote chances of conviction, the court held continuing proceedings would be a misuse of process and an unnecessary burden on the State exchequer, thereby quashing the FIR and its proceedings.

What did the court decide?

The FIR No. 103/2019 and proceedings emanating therefrom are quashed. The petition is disposed of.

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

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$~62

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6984/2024

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POONAM AND ORS. .....Petitioners

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Through: Ms. Neema Gupta, Advocate.

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versus

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STATE NCT OF DELHI AND ANR

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.....Respondents

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Through: Mr. Hitesh Vali, APP for the State with SI Jaiveer Kumar, PS – Palam Village.

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CORAM:

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HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 04.09.2024

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CRL.M.A. 26659/2024

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Exemption allowed, subject to all just exceptions.

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The application stands disposed of.

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CRL.M.C. 6984/2024

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This petition has been filed seeking quashing of FIR No. 103/2019 registered under Sections 323/341/452/506/34 IPC at Police Station Palam Village, New Delhi on the basis of a settlement dated 18^th October 2023 arrived at between the parties, which is on record of this Court, with the facilitation of the Delhi Mediation Centre, Dwarka Courts, New Delhi.

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The complainant/ respondent No. 2, who is present in Court and duly identified by the I.O., states that these issues arose out of disputes between family members and have since been settled. He has no objection to the quashing of the FIR.

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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 11/09/2024 at 12:36:02

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Petitioner Nos. 1 to 5 are also present in the Court and duly identified by the Investigating Officer.

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Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No. 103/2019 registered under Sections 323/341/452/506/34 IPC at Police Station Palam Village, New Delhi and proceedings emanating therefrom are quashed.

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Parties shall abide by the terms of settlement.

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Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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SEPTEMBER 04, 2024/ kd/na

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Click here to check corrigendum, if any

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Poonam and Ors. v. State NCT of Delhi and Anr.

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Poonam and Ors. v. State NCT of Delhi and Anr.

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