Delhi High Court allowed a quashing petition under Section 482 CrPC. The petitioner sought quashing of an FIR due to a settlement between involved relatives. The Court held that continued proceedings would be futile and quashed the FIR to restore peace.
FIR No.0427/2023 and all consequential proceedings were quashed.
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INDER PAL ..... Petitioner
Through: Mr H. R. Dhamija, Advocate along with petitioner in person.
versus
STATE NCT OF DELHI AND ORS. ..... Respondents Through: Mr Raghvinder Varma, APP for the State with Insp. Naresh Kumar, ASI Vijay Singh, PS Maurya Enclave. Mr Ansh Makkar and Ms Sanju Bala, Advocates for respondent nos.2 and 3 along with respondent nos.2 and 3 in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R % 06.02.2024
CRL.M.A. 3778/2024
CRL.M.C. 940/2024
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 13/12/2024 at 15:27:13
settlement, the State has no objection in case the FIR in question is quashed.
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 13/12/2024 at 15:27:13
“58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor.”
VIKAS MAHAJAN, J
FEBRUARY 6, 2024 MK
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 13/12/2024 at 15:27:13
2 issues framed by the court
Whether FIR No.0427/2023 registered for offences under Sections 323/325/341/506 IPC can be quashed in view of settlement between parties.
Whether continuation of criminal proceedings would serve any useful purpose given the settlement and related nature of parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabReferred¶10
Gian Singh v. State of Punjab, (2012) 10 SCC 303 · Who else cites this
2 provisions across 2 enactments
Inder Pal
State NCT of Delhi
Respondent no.2
Respondent no.3
Vikas Mahajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
