Allowed

Raj Ranjan Sharma v. the State NCT of Delhi & Anr.

Delhi HC2 Feb 2024CRL.M.C./827/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed a petition filed under Section 482 CrPC to quash FIR No. 18/2015 and related proceedings for Section 380 and 174A IPC. The Court exercised its inherent powers based on the petitioner's discharge regarding Section 380 IPC and a settlement reached with the victim, deeming further proceedings a misuse of court process.

What did the court decide?

The FIR No.18/2015 and all consequential proceedings under Sections 380/174A IPC against the petitioner are quashed.

Raj Ranjan Sharma Vs the State NCT of Delhi & Anr. — Quashing and FIR | Delhi HC (2024)

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$~71

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 827/2024

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RAJ RANJAN SHARMA ..... Petitioner Through: Mr.Vipin Tiwari, Ms.Pritee Jaiswal, Mr.Pervez, Mr.Ahzam, Advs.

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versus

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THE STATE NCT OF DELHI & ANR. ..... Respondents Through: Mr. Shoaib Haider, APP with SI Satyapreet, HC Bhoor Singh. Mr.Navanshu Mishra, Mr.Shahid B. Patel, Mr.Anshul Goyal, Advs. for R-2.

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CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R % 02.02.2024

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CRL.M.A. 3330/2024 (Exemption)

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Allowed, subject to all just exception.

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CRL.M.C. 827/2024

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This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘CrPC’) seeking quashing of FIR No. 18/2015 registered at Police Station: Jaitpur, South-East District, New Delhi under Section 380 of the Indian Penal Code, 1860 (in short, ‘IPC’) along with all other proceedings arising therefrom. Later, supplementary charge-sheet was filed including the Section 174A of the IPC.

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Issue notice.

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Notice is accepted by the learned APP on behalf of the State

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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 02/07/2025 at 09:14:11

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and learned counsel Mr.Navanshu Mishra for the respondent no.2. 5. The learned counsel for the petitioner submits that later the petitioner has been discharged as far as the offence under Section 380 of the IPC is concerned. 6. The petitioner has filed the present petition seeking quashing of the FIR for the remaining offence under Section 174A of the IPC based on the settlement that has been arrived at between the parties, that is, the petitioner and the respondent no.2.

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Keeping in view the above position, as the petitioner has already been discharged for the offence under Section 380 of the IPC, no useful purpose would be served in continuing with the proceedings of the present FIR as it would rather create further acrimony between the parties and will be a misuse of the process of the Court and 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 CrPC to quash the FIR and all the proceedings emanating therefrom.

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Accordingly, the petition is allowed. FIR No.18/2015 registered at Police Station: Jaitpur, South-East District, New Delhi under Sections 380/174A of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed.

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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 02/07/2025 at 09:14:11

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The petition is disposed of in the above terms.

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NAVIN CHAWLA, J

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FEBRUARY 2, 2024/Arya/ RP Click here to check corrigendum, if any

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Raj Ranjan Sharma v. the State NCT of Delhi & Anr.

Case brief

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Raj Ranjan Sharma v. the State NCT of Delhi & Anr.

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