Quashing petition under Article 226 read with Section 482 CrPC against FIR underSections 323/354/354B/451/34 IPC after settlement via MoU between related parties; complainant and State raised no objection. Relying on Gian Singh, Delhi High Court allowed and quashed FIR and consequential proceedings including chargesheet.
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Through: Mr. Rohit Gupta, Adv. with petitioners in person.
versus THE STATE (NCT OF DELHI) & ANR. ..... Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) for the State with Mr. Abhinav Kumar Arya & Ms. Priyam Aggarwal, Advocates with SI Narendra Kumar, P.S. Mehrauli. Complainant in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
CRL.M.A. 7647/2024 (Exemption)
W.P.(CRL) 821/2024
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 15/03/2024 at 12:51:59
passage at the place of residence.
“61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”
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 15/03/2024 at 12:51:59
consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Sana Khan, learned Metropolitan Magistrate, South District, Saket Courts, Delhi
AMIT SHARMA, J
MARCH 12, 2024/nk
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 15/03/2024 at 12:51:59
1 issue framed by the court
Whether FIR No. 240/2018 under Sections 323/354/354B/451/34 IPC and consequent proceedings could be quashed on the basis of a settlement between the parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶9
(2012) 10 SCC 303 · Who else cites this
3 provisions across 3 enactments
Jogender Singh & Anr.
The State (NCT of Delhi)
Complainant
Amit Sharma
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
