Allowed

Sanjeev Kumar v. the State & Anr.

Delhi HC5 Mar 2024CRL.M.C./886/2024

Case brief

AI extract

What is this about?

The Court allowed a petition under Section 482 CrPC to quash an FIR and all consequential proceedings arising from a financial dispute regarding a property. The parties had reached a settlement, and continuing proceedings would serve no useful purpose. The FIR was quashed, allowing the complainant to seek the return of seized documents.

What did the court decide?

FIR No. 309/2018 under Sections 420/406/506 IPC registered at Police Station Alipur and all connected proceedings were quashed.

Sanjeev Kumar Vs the State & Anr. — Quashing and FIR | Delhi HC (2024)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 886/2024

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SANJEEV KUMAR ..... Petitioner

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Through: Mr. Vishal, Adv. versus

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THE STATE & ANR. ..... Respondents Through: Mr. Digam Singh Dagar, APP for State with SI Sachin Kumar PS Alipur Mr. Rahul Chauhan, Mr. Balvinder Singh, Mr. Himanshu Goel, Mr. Sanjay Kaushik, Advs. for respondent.

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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CRL.M.A. 3557/2024 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 886/2024

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.309/2018 under Sections 420/406/506 IPC registered at Police Station Alipur and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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Issue notice. The learned APP for the State accepts notice. He submits that since the parties have arrived at a settlement, the State has no objection

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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 11/03/2024 at 11:22:49

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in case the FIR in question is quashed.

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The petitioner, as well as, respondent no. 2 are present in the Court and they have been identified by their respective counsel and by the Investigating Officer with SI Sachin Kumar PS Alipur. 6. The case of the prosecution in brief is that some financial dispute took place between the respondent no. 2 / complainant and the petitioner in respect of a property i.e. Flat at 1^st Floor, Kh. No. 8/2, Village Singhu, Tower No. 3, Tripathi residencey GTK Road, Singhu Border, Delhi (hereinafter referred to as the “said property”) which led to the registration of the aforesaid FIR at the instance of respondent no. 2.

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During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of Settlement / compromise deed dated 21.09.2022, which is annexed as Annexure B to the present petition.

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It is recorded in the settlement that the respondent no. 2 shall remain the exclusive owner of the aforesaid property and the petitioner shall not claim any right or interest in the said property.

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It is also a term of the settlement that the respondent no. 2 shall cooperate with the petitioner for quashing of the aforesaid FIR. 10. The learned counsel appearing on behalf of the respondent submits that the titled documents of the aforesaid property were seized by the IO during the course of the investigation and since the matter has been settled, the said documents may be returned back to the respondent no. 2.

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The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

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In view of the fact that the parties have arrived at a settlement, no

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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 11/03/2024 at 11:22:49

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useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

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It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and the FIR No.309/2018 under Sections 420/406/506 IPC registered at Police Station Alipur alongwith all other proceedings emanating therefrom, is quashed.

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Since the FIR has been quashed, the respondent no. 2 is at a liberty to move an appropriate application before the learned Trial Court seeking release of the title / property documents pertaining to the aforesaid property.

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The petition stands disposed of in the above terms.

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Order be uploaded on the website of this court.

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VIKAS MAHAJAN, J

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MARCH 5, 2024 N.S. ASWAL

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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 11/03/2024 at 11:22:49

Sanjeev Kumar v. the State & Anr.

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar v. the State & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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