W.P. seeking quashing of FIR based on settlement between petitioner and respondent. Court held settlement made criminal proceedings futile and allowed petition.
FIR No.0314/2023 under Sections 354(D)/506/509 IPC and all consequential proceedings quashed.
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PANKAJ MEENA ..... Petitioner
Through: Mr Surya Singh, Mr Rohit Yadav and Mr Nitish Kumar, Advocates along with petitioner in person.
versus
STATE NCT OF DELHI AND ANR. ..... Respondents Through: Mr Sanjay Lao, Standing Counsel for the State with Ms Priyam Aggarwal, Advocate for the State with SI Mamta, Police Station Dwarka South.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R % 04.03.2024
CRL.M.A. 6824/2024
W.P.(CRL) 724/2024
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 06/03/2024 at 11:33:33
“58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor.”
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 06/03/2024 at 11:33:33
proceedings will not serve any useful purpose and it will be an exercise in futility.
VIKAS MAHAJAN, J
MARCH 4, 2024 MK
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 06/03/2024 at 11:33:33
2 issues framed by the court
Whether the FIR under Sections 354(D)/506/509 IPC should be quashed given the settlement between the parties.
Whether continuation of criminal proceedings serves any useful purpose post-settlement.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabExplained¶21
Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) · Who else cites this
3 provisions across 3 enactments
Pankaj Meena
State NCT of Delhi
Respondent No. 2
Vikas Mahajan
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
