Disposed

Sandhya Jasuja & Anr. v. State of NCT of Delhi

Delhi HC11 Dec 2024CRL.M.C./9651/2024

Case brief

AI extract

What is this about?

Quashing of FIR on settlement: where complainant confirms voluntary settlement before Delhi Mediation Centre and has no grievance, FIR No. 364/2018 under Sections 354/323/506/34 IPC, P.S. Welcome was quashed subject to payment of Rs.10,000/- to the Avlamban Fund Scheme, 2024 within four weeks. A cross-FIR (No. 328/2018) was quashed in a parallel petition. Petition disposed of.

What did the court decide?

FIR No. 364/2018 and consequent proceedings quashed subject to Rs.10,000/- cumulative cost deposited with Avlamban Fund Scheme, 2024 within four weeks.

Sandhya Jasuja & Anr. Vs State of NCT of Delhi — Quashing and FIR | Delhi HC (2024)

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$~59

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 9651/2024 & CRL. MA 37052/2024

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SANDHYA JASUJA & ANR .....Petitioners

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Through: Mr. Arjun Malik, Advocate with petitioners in person.

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versus

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STATE OF NCT OF DELHI .....Respondent

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Through: Mr. Shoaib Haider, APP for State with SI Anugraha PS Welcome, Delhi. Respondent no.2 in person.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 11.12.2024

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The present proceedings are instituted on behalf of the petitioners seeking quashing of FIR No. 364/2018 registered under Sections 354/323/506/34 IPC at Police Station Welcome, Delhi on the ground that the parties have amicably settled their disputes.

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As per the allegations levelled in the FIR, the petitioners abused and threatened respondent No.2 and gave her beatings.

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Mr. Shoaib Haider, learned APP for the State, on instructions, submits that the petitioners are the accused persons and respondent No. 2 is the complainant/victim in the present case. He further submits that the chargesheet has been filed. It is also submitted that one of the accused, namely Vicky has since expired and a copy of his death certificate has been placed on record. Lastly, it is submitted that keeping in view the serious nature of

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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 18/12/2024 at 11:38:48

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the allegations and the fact that the State machinery has already been put in motion, the petitioners may be saddled with some costs.

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Learned counsel for the petitioners submits that the parties are neighbours and the present FIR was registered due to a misunderstanding and with the intervention of the elders, close relatives and well-wishers, the parties have amicably settled their disputes before Delhi Mediation Centre, Karkardooma Courts, Delhi on 18.05.2024, a copy whereof has been placed on record. In terms of the said settlement, respondent No. 2/complainant is now left with no claims or grievances against the petitioners.

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Learned counsel also submits that a cross FIR bearing FIR No. 328/2018 had also been registered under Sections 324/354/506/34 IPC at P.S. Welcome, Delhi. The same is also being quashed today in CRL.M.C. 8604/2024.

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The petitioners are present in Court and are identified by their counsel as well as by the Investigating Officer/ SI Anugraha PS Welcome, Delhi. Respondent No. 2 is also present in the Court and is also identified by the Investigating Officer.

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The petitioners have shown remorse for their conduct and they undertake not to repeat the same in future. Respondent No. 2 also states that she has entered into the aforementioned settlement out of her own free will, volition and without any coercion. She further states that he has no objection if the present FIR and consequent proceedings are quashed.

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Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

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8 The parties shall remain bound by the statements made in Court today.

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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 18/12/2024 at 11:38:48

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In view of the above facts and since no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cumulative cost of Rs.10,000/- by the petitioners which shall be deposited with ‘ Avlamban Fund Scheme, 2024 ’ (State Bank of India, Tis Hazari Branch, Delhi, Account No. 43599660056; IFSC SBIN0000726 & MICR Code 110002126) within a period of four weeks from today.

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Proof evidencing receipt of deposit shall be filed with the I.O.

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In case the cost is not deposited within four weeks, the I.O. shall be at liberty to move an appropriate application in this regard.

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With the above directions, the petition is disposed of.

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MANOJ KUMAR OHRI, J

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DECEMBER 11, 2024/ rd

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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 18/12/2024 at 11:38:48

Sandhya Jasuja & Anr. v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Sandhya Jasuja & Anr. v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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