Allowed

Pujari Verma v. State NCT of Delhi and Anr.

Delhi HC1 Feb 2024CRL.M.C./798/2024

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. sought quashing of an FIR under Section 393 IPC on the basis of a settlement between the parties. Respondent no.2 confirmed the voluntary settlement and raised no objection. Relying on Supreme Court precedents, the court quashed the FIR and all proceedings arising from it.

What did the court decide?

FIR No.0517/2021, PS Amar Colony, under Section 393 IPC and all consequential proceedings against the petitioner quashed.

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

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$~80

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 798/2024 PUJARI VERMA ..... Petitioner Through: Mr.Syed Mohd. Shoeb, Mr.Neeraj Maurju, Advs.

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versus

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STATE NCT OF DELHI AND ANR. ..... Respondents Through: Mr. Shoaib Haider, APP with ASI Kailash Chandra. Mr.Suyash Sinha, Adv.for R-2 with R-2 in person.

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CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R % 01.02.2024 CRL.M.A. 3197/2024 (Exemption)

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Allowed, subject to all just exceptions. CRL.M.C. 798/2024

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This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No.0517/2021 registered at Police Station: Amar Colony, SouthEast District, New Delhi, under Section 393 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of a settlement.

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The learned counsel for the petitioner submits that the disputes arose out of some petty issues between the parties, which led to the filing of the above FIR and parties have amicably settled their inter se disputes and have entered into a settlement vide Memorandum of Understanding/Deed of settlement dated 19.01.2024.

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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 02/08/2024 at 12:43:10

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The respondent no.2, who is present in Court in person and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that he has settled all the disputes with the petitioner of his own free will and without any coercion. The respondent no.2 submits that he has no objection if the present FIR is quashed.

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I have perused the contents of the FIR, Charge Sheet and also the settlement between parties. 6. Keeping in view the fact that the respondent no.2 does not wish to pursue his complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as the chances of its success will be rather minuscule and it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

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Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab , (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

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Accordingly, the petition is allowed. FIR No.0517/2021 registered at Police Station: Amar Colony, South-East District, New Delhi, under Section 393 of the IPC and all consequential proceedings

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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 02/08/2024 at 12:43:10

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emanating therefrom against the petitioners are quashed.

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The petition is disposed of.

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NAVIN CHAWLA, J

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FEBRUARY 1, 2024/Arya/ss Click here to check corrigendum, if any

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Pujari Verma v. State NCT of Delhi and Anr.

Case brief

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Pujari Verma v. State NCT of Delhi and Anr.

Case brief

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