Delhi High Court quashed FIR No. 390/2021 under Section 528 BNSS, 2023 following a settlement between parties, holding that continued proceedings would be futile as the dispute was amicably resolved and the chance of conviction was bleak.
FIR No. 390/2021 and all proceedings emanating therefrom were quashed.
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Through: Mr. Gaurav Chauhan, Adv. along with petitioners in person.
versus
Govt. of National Capital Territory of Delhi & Anr......Respondents Through: Mr. Aashneet Singh, APP for State with Insp. Satbir Singh, PS. Jaitpur.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R
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 24/12/2024 at 11:49:51
“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.”
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 24/12/2024 at 11:49:51
VIKAS MAHAJAN, J
DECEMBER 18, 2024/dss
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 24/12/2024 at 11:49:51
3 issues framed by the court
Whether FIR No. 390/2021 registered under Sections 506/504/34 IPC and Section 3(1)(r)(s) of SC/ST Act should be quashed upon settlement.
Whether continuation of criminal proceedings is an exercise in futility due to resolution of dispute.
Whether the ultimate chance of conviction being bleak justifies quashing the proceedings.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabExplained¶20
(2012) 10 SCC 303: (SCC p. 340, para 58) · Who else cites this
3 provisions across 3 enactments
Sunita @ Ashulata & Anr.
Govt. of National Capital Territory of Delhi & Anr.
Vikas Mahajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
