Disposed

Anita@Sangeeta v. State of NCT of Delhi and Anr.

Delhi HC12 Sept 2024CRL.M.C./7257/2024

Case brief

AI extract

What is this about?

Petition under section 528 BNSS sought quashing of an FIR for offences including sections 308 and 354 IPC after the petitioner and the complainant settled their dispute by deed. Both parties confirmed the settlement in court; the State raised no objection. Relying on Supreme Court precedent, the court quashed the FIR.

What did the court decide?

FIR No.878/2021 dated 17.09.2021 P.S. Punjabi Bagh and all proceedings arising therefrom quashed; petition disposed-of along with pending applications.

Anita@Sangeeta Vs State of NCT of Delhi and Anr. — Quashing and FIR | Delhi HC (2024)

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$~49

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7257/2024 & CRL.M.A. 27686/2024

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ANITA@SANGEETA .....Petitioner

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Through: Mr. Omkar Sharma with Mr. Rahul Sharma, Advocates. Petitioner in court.

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versus

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STATE OF NCT OF DELHI AND ANR .....Respondents Through: Ms. Shubhi Gupta, APP for the State with ASI Neena, P.S.: Punjabi Bagh. R2 in court.

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CORAM: HON’BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 12.09.2024

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CRL.M.A. 27687/2024

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Exemption granted, subject to just exceptions.

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The application stands disposed-of.

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CRL.M.C. 7257/2024

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By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks quashing of case FIR No.878/2021 dated 17.09.2021 registered under sections 308/354/ 354(B)/506/509/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Punjabi Bagh, West Delhi (‘subject FIR’).

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The petition is premised on Settlement Deed dated 20.07.2024, whereby the petitioner and respondent No. 2 have resolved the matter amicably.

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The petition is also supported by affidavits of the petitioner and of respondent No. 2, alongwith proof of their I.D.s.

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CRL.M.C. 7257/2024

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Page 1 of 3

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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 01/10/2024 at 12:00:30

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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. Respondent No.2 has also been identified by the Investigating Officer.

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The court has interacted with respondent No.2, as also with the petitioner, who have confirmed that they have now resolved the matter and a Settlement Deed dated 20.07.2024 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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It may be observed that though the subject FIR has been registered inter-alia under section 308 of the IPC, considering the circumstance in which the incident occurred, and particularly in view of the categorical statement made by respondent No.2/complainant that she does not wish to pursue the matter and wants to give a closure to the dispute, this court is persuaded to quash the subject FIR.

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CRL.M.C. 7257/2024

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Page 2 of 3

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This is a digitally signed order. CRL.M.C. 7257/2024 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 01/10/2024 at 12:00:30

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Accordingly, case FIR No.878/2021 dated 17.09.2021 registered under sections 308/354/354(B)/506/509/34 of the IPC at P.S.: Punjabi Bagh, West Delhi is quashed. All proceedings arising therefrom also stand closed.

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Petition stands disposed-of.

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Pending applications, if any, also stand disposed-of.

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ANUP JAIRAM BHAMBHANI, J

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SEPTEMBER 12, 2024 ds

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CRL.M.C. 7257/2024

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Page 3 of 3

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This is a digitally signed order. CRL.M.C. 7257/2024 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 01/10/2024 at 12:00:30

Anita@Sangeeta v. State of NCT of Delhi and Anr.

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Anita@Sangeeta v. State of NCT of Delhi and Anr.

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