Allowed

Sanjay Sharma v. State of NCT of Delhi

Delhi HC27 Jan 2025CRL.M.C./4081/2024

Case brief

AI extract

What is this about?

Court quashed an FIR under Sections 354/354A/354D/509 IPC registered for alleged stalking and misconduct due to a valid settlement. Relying on principles of inherent powers under Section 482 CrPC and a coordinate bench decision, the Court held that continued proceedings would be futile, oppressive, and an abuse of process given the remote possibility of conviction post-settlement.

What did the court decide?

FIR No. 310/2015 under Sections 354/354A/354D/509 IPC and all consequential proceedings are quashed.

Sanjay Sharma Vs State of NCT of Delhi — Quashing and FIR | Delhi HC (2025)

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$~53

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 4081/2024 SANJAY SHARMA .....Petitioner

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Through: Mr. Karanpreet Singh, Advocate with petitioner in person.

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Versus

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STATE OF NCT OF DELHI .....Respondent

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Through: Mr. Aman Usman, APP for the State with SI Loveleen, P.S. Moti Nagar. Respondent no. 2 in person.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R

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% 27.01.2025

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.310/2015 under Sections 354/354A/354D/509 IPC registered at P.S. Moti Nagar, Delhi, and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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The petitioners, as well as, respondent no.2, are present in Court and they have been identified by their respective counsel and Investigating Officer SI Loveleen, P.S. Moti Nagar.

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The brief facts of the case are that the present FIR was registered at the instance of respondent no. 2 against her neighbour alleging that he was stalking the respondent no.2 and once stopped her in public and misbehaved

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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 03/02/2025 at 12:28:59

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with her.

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During pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding dated 11.03.2024, a copy of which is annexed as Annexure P-2 to the present petition.

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It is recorded in the settlement that respondent no. 2 shall co-opearate with the petitioner for the quashing of the FIR.

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The respondent no. 2, who is present in Court on a query posed by the Court states that she has no objection if the FIR in question is quashed.

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In this regard, reference may advantageously be made to a decision of Co-ordinate bench of this Court in Jagdish Khatri vs. State of NCT of Delhi and Anr.² wherein it was held as under:

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4. The inherent power under Section 482 Cr. P.C. is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guidance engrafted in such power viz. : (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. In the case of Gian Singh v. State of Punjab (2012) 10 SCC 303, the Supreme Court has observed that in the exercise of its inherent power under Section 482, the High Court can quash FIR/Charge-sheet on the basis of alleged settlement except in cases of rape, murder, dacoity or the cases under the Special Statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc. It is a settled proposition of law that High Courts should exercise the power under Section 482 Cr. P.C. for quashing of criminal cases having overwhelmingly and predominantly civil flavour.

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5. It has also been repeatedly held that the High Court may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the

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2 2023 SCC OnLine Del 1336.

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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 03/02/2025 at 12:28:59

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criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. Reliance can be placed upon Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojiroo Angre, (1988) 1 SCC 692.

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6. Respondent no. 2 is present in court and has duly been identified by the IO. She states that she has entered into the settlement voluntarily and she has no objection if the FIR is quashed. Affidavit of Respondent no. 2 has also been placed on record.

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7. In view of the above, it appears that he is not going to support the case of the prosecution and the possibility of conviction is remote and bleak. In view of the matter, the continuation of the criminal proceedings would be an exercise in futility and it is an abuse of the process of the court. There would no purpose in continuing with the present proceedings and accordingly, the FIR No. 157/2017 under Sections 354 IPC registered at Police Station Sangam Vihar and all the other proceedings emanating therefrom are quashed.

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8. The present petition stands disposed of.

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(emphasis supplied)

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In view of the settlement between the parties, the ultimate chances of conviction in the case are bleak, therefore, continuation of criminal proceedings will not serve any useful purpose and it will be an exercise in futility.

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It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and FIR No.310/2015 under Sections 354/354A/354D/509 IPC registered at P.S. Moti Nagar, Delhi, along with all other consequential proceedings emanating therefrom, is quashed. 11. The petition stands disposed of in the above terms.

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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 03/02/2025 at 12:28:59

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Order be uploaded on the website of this Court.

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VIKAS MAHAJAN, J

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JANUARY 27, 2025 AK

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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 03/02/2025 at 12:28:59

Sanjay Sharma v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Sanjay Sharma v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

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