Allowed

Gaurav Chaudhary & Anr. v. the State of Delhi & Anr.

Delhi HC14 May 2024W.P.(CRL)/930/2024

Case brief

AI extract

What is this about?

Petition under Article 226 sought quashing of an FIR for robbery registered on the complaint of respondent no.2, who had since settled the dispute and reaffirmed the settlement in court. The Court exercised its powers to quash the FIR and consequential proceedings, subject to payment of costs.

What did the court decide?

FIR No. 521/2021 (PS Mandawali) u/Ss. 392/34 IPC and consequential proceedings quashed; petitioners to deposit Rs. 50,000 each within four weeks.

Gaurav Chaudhary & Anr. Vs the State of Delhi & Anr. — Quashing and FIR | Delhi HC (2024)

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$~15

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 930/2024 GAURAV CHAUDHARY & ANR.

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..... Petitioners Through: Mr.Praveen Goswami, Mr.Raman Sharma, Mr.Vijay Chauhan, Mr.Balvinder Kr. Sharma, Advs. Petitioners present in person.

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versus

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THE STATE OF DELHI & ANR.

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	..... Respond	ents
Through:	Mr.Rahul Tyagi, ASC (Crl.) the State.	for
	SI Prince Kumar,	PS
	Mandawali.
	Mr.Rahul Chauddhary, Adv.	for
	R-2.
	Respondent no.2 present	in
	person.

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

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% 14.05.2024 1. This petition has been filed under Article 226 of the Constitution of India, seeking quashing of FIR No. 521/2021 registered at Police Station: Mandawali, Delhi under Sections 392/34 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of a settlement.

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The learned counsel for the petitioners submits that the parties are well-known to each other. He submits that the disputes arose out of some misunderstandings and miscommunication between the

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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 20/05/2024 at 11:54:17

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parties. He submits that the parties have amicably settled their inter se disputes and have entered into a Settlement Deed/Memorandum of Understanding dated 24.12.2021.

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The respondent no.2, who is personally present in Court and has been duly identified by the Investigating Officer (IO), reaffirms the settlement and states that he has settled all the disputes with the petitioners out of his own free will and without any coercion. The respondent no.2 submits that he 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 the parties. 5. Keeping in view the fact that the parties are known to each other and 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 it would 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 335, 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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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 20/05/2024 at 11:54:17

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Accordingly, the petition is allowed. FIR No. 521/2021 registered at Police Station: Mandawali, Delhi under Sections 392/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners shall deposit costs of Rs.50,000/- each with ‘ Delhi High Court Staff Welfare Fund , UCO Bank, Delhi High Court, A/C 15530110074442, IFSC Code UCBA0001553’, within a period of four weeks from today, and file a proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, within the said period.

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NAVIN CHAWLA, J

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MAY 14, 2024 /rv/am

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Click here to check corrigendum, if any

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Gaurav Chaudhary & Anr. v. the State of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Gaurav Chaudhary & Anr. v. the State of Delhi & Anr.

Case brief

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