Delhi High Court allowed a writ petition under Section 482 CrPC to quash an FIR and consequent proceedings following a recorded settlement between neighbours involved in a domestic quarrel, holding continuation to be futile.
FIR No.435/2018 and all consequent proceedings are quashed.
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versus
STATE OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Sanjay Lao, SC for State with SI Amit Beniwal, PS. Vivek Vihar. Mr. Mohd. Sohail Alam and Mr. Saad Iqbal, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 14.05.2024
This is a digitally signed order.
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“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
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 20/05/2024 at 11:54:36
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.”
VIKAS MAHAJAN, J
MAY 14, 2024/dss
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 20/05/2024 at 11:54:36
1 issue framed by the court
Whether the FIR and consequent proceedings should be quashed upon admission of settlement between parties despite non-compoundable offences.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabReferred¶20
Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) · Who else cites this
Almas Kakul
Unnamed Second Petitioner
State of NCT of Delhi
Unnamed Second Respondent
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
