Allowed

Sh Raj Kumar @ Kale & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Delhi HC10 Mar 2025CRL.M.C./6/2025

Case brief

AI extract

What is this about?

Quashing of an FIR under Section 392/34 IPC for robbery arising out of a dispute over payment at a food stall. Parties had settled their differences and the petitioners paid Rs.10,000/- to the complainant, who confirmed the settlement in court without coercion. The High Court allowed the petition.

What did the court decide?

FIR No. 288/2015, charge sheet and all subsequent proceedings quashed qua all accused/petitioners on basis of settlement and compensation of Rs.10,000/- paid to complainant.

Sh Raj Kumar @ Kale & Ors. Vs the State (Govt. of NCT of… — Quashing and FIR | Delhi HC (2025)

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$~6

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6/2025

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SH RAJ KUMAR @ KALE & ORS.

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.....Petitioner

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Through: Mr. Rahul Kulhare, Advocate along with P1 to P3 in person.

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versus

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THE STATE (GOVT. OF NCT OF DELHI) & ANR.

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.....Respondent Through: Mr. Shoaib Haider, Ld. APP for the State with SI Ankit Kumar P.S. Mandawali. Mr. Krishan Mourya, Advocate with R-2 in person.

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CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R

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% 10.03.2025

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A Petition under Section 482 Cr.P.C read with Section 528 of BNSS

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has been filed on behalf of the Petitioners for quashing of FIR No.288/2015 registered under Section 392/34 IPC at Police Station Mandawali, Delhi.

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Briefly stated, that on 31.03.2015 at about 08:15 P.M when the respondent No.2 was coming back to his house after taking grocery items from Shakarpur Mandi, suddenly the Petitioners came on their motorcycle an caught hold of him. The Petitioner No.1 and 3 started slapping on the head of Respondent No.2 and Petitioner No.2 snatched Rs.500/- from him which was lying in his pocket and fled away from the spot. The Respondent

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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 17/03/2025 at 11:08:58

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No.2 called the PCR and an FIR No.288/2015 got registered under Section 392/34 IPC at Police Station Mandawali against the alleged persons/Petitioners.

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It is submitted that the Respondent No.2 was having a stall of CholeBhature on which the three Petitioners/accused had eaten Chole-Bhature and thereafter declined to pay the entire amount and offered him Rs.2 on which a fight took place between them. On the date of incident i.e. 31.03.2015 the Respondent No.2 was given beatings by the three Petitioners and his Rs.500/- were taken away.

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It is further submitted that the Petitioners and Respondent No. 2 have already sorted out their all differences with the intervention of their respective persons of the vicinity and they have left no grudge or grievance against each other in any manner whatsoever. The Petitioners have agreed to pay Rs.10,000/- to the Respondent No.2, out of which Rs.4,500/- have already been paid by the Petitioners to Respondent No.2 and the balance amount of Rs.5,500/- has been paid today in the Court. Therefore, the Petition be quashed.

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The complainant is present in the Court and submits that the matter stands settled with all the three accused/Petitioners and the same has been arrived at without any pressure, force or coercion. The Complainant/Respondent No.2 has no objection if the FIR is quashed against the petitioners on account of the settlement already arrived at between the parties.

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The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned.

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In view of the submissions made, the Petition is allowed.

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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 17/03/2025 at 11:08:58

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Accordingly, the FIR No.288/2015 registered at Police Station Mandawali, for offences punishable under Section 392/34 of the Indian Penal Code, 1860 with all the subsequent proceedings and the charge sheet is hereby quashed qua all the accused persons/Petitioners.

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The Petition stands disposed of.

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NEENA BANSAL KRISHNA, J

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MARCH 10, 2025/va

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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 17/03/2025 at 11:08:58

Sh Raj Kumar @ Kale & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Sh Raj Kumar @ Kale & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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