The Delhi High Court allowed a petition quashing an FIR under Sections 290/106 BNS. The court found a settlement was reached where compensation was paid, and the chances of conviction were remote. The FIR and consequent proceedings were quashed to prevent misuse of process.
FIR No.341/2024 and proceedings emanating therefrom are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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RAHUL DEDHA .....Petitioner
Through: Mr. Varun Katiyar, Adv.
versus
STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondent Through: Mr. Digam Singh Dagar, APP for State with ASI Brijesh Kumar, PS New Ashok Nagar. Ms. Jyoti, Adv. for R-2.
CORAM: HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R % 06.12.2024
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 09/12/2024 at 12:55:03
of respondent no.2 (mother of the deceased child) appears before the Court and states that though she is not a party to the above Settlement Deed, she is aware of the same, and has no objection to the FIR being quashed. However, it is stated that they had warned the landlord about the dilapidated condition of the roof and, though he got the same repaired, the roof collapsed during rains which resulted in the unfortunate incident.
ANISH DAYAL, J
DECEMBER 6, 2024/MK/ kp
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 09/12/2024 at 12:55:03
1 issue framed by the court
Whether the FIR registered under Sections 290/106 BNS should be quashed based on the settlement arrived at between the parties.
1 provisions across 1 enactments
Rahul Dedha
State Govt. of NCT of Delhi
Respondent No.2
Anish Dayal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
