Allowed

Akash Rawat v. State of NCT of Delhi and Anr.

Delhi HC5 Feb 2024CRL.M.C./879/2024

Case brief

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What is this about?

The single-judge Full Bench of the Delhi High Court quashed FIR No. 34/2020 registered under IPC Sections 509/354/354B/323 in a criminal complaint filed under Section 482 CrPC. Following an amicable settlement and victim's consent, the court held that continuing proceedings would serve no useful purpose.

What did the court decide?

FIR No. 34/2020 and all consequential proceedings under IPC Sections 509/354/354B/323 were quashed.

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

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$~83

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 879/2024 AKASH RAWAT ..... Petitioner Through: Mr.D.D. Tripathi, Adv.

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versus

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STATE OF NCT OF DELHI AND ANR ..... Respondents Through: Mr.Satinder Singh Bawa, APP with ASI Subh Ram, PS Sagar Pur, SI Ritu, PS Dwarka South. Mr.Lalit Ajmani, Mr.Lakshay Chhbra, Advs. for R-2 with R-2 in person.

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CORAM:

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HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R % 05.02.2024 CRL.M.A. 3519/2024 (Exemption)

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Allowed, subject to all just exceptions. CRL.M.C. 879/2024

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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.34/2020 registered at Police Station: Dwarka South, Delhi, under Sections 509/354/354B/323 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of settlement.

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Issue notice.

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Notice is accepted by the learned APP for the State and the learned counsel for the respondent no. 2.

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The learned counsel for the petitioner submits that the parties

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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 13/12/2024 at 14:29:57

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have amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement/Compromise dated 06.09.2023.

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

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I have perused the contents of the FIR and also the settlement between parties. 8. 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.34/2020 registered

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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 13/12/2024 at 14:29:57

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at Police Station: Dwarka South, Delhi, under Sections 509/354/354B/323 of IPC and all consequential proceedings emanating therefrom against the petitioner are quashed. 11. The petition is disposed of.

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NAVIN CHAWLA, J

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FEBRUARY 5, 2024/Arya/ RP Click here to check corrigendum, if any

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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 13/12/2024 at 14:29:57

Akash Rawat v. State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Akash Rawat v. State of NCT of Delhi and Anr.

Case brief

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What did the court decide?

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