This petition under Section 482 CrPC sought quashing of an FIR regarding IPC offences. The Delhi High Court allowed the quashing, finding that parties had amicably settled their dispute via an MoU out of free will, making further proceedings unnecessary.
FIR bearing no.385/2017 along with all consequential proceedings 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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SATENDER GUPTA & ORS. ..... Petitioners
Through: Ms. Jyoti Parteek and Mr. Abhisekh Dadhsch, Advocates along with petitioners.
versus
THE STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Satish Kumar, APP for the State with SI Vijay Dahiya, P.S. Prashant Vihar. Mr. Rajender Gupta, Advocate for R- 2 along with R-2.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA O R D E R % 08.02.2024
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 16/12/2024 at 14:26:50
had taken place between petitioners and respondent no. 2 and her family members. On the complaint of respondent no. 2, the present FIR bearing no.385/2017 under Sections 323/325/354/354B/509/506/34 of IPC was registered against the petitioners. However, during the pendency of the abovesaid case, both the parties have amicably settled all their disputes vide Memorandum of Understanding (MoU) dated 22.12.2023.
SWARANA KANTA SHARMA, J
FEBRUARY 8, 2024/zp
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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 16/12/2024 at 14:26:50
2 issues framed by the court
Whether the FIR registered against petitioners can be quashed upon amicable settlement of disputes between parties.
Whether continuation of proceedings without interference of state will serve any useful purpose.
2 provisions across 2 enactments
Satender Gupta & Ors.
The State NCT of Delhi
Anr.
Swarana Kanta Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
