Quashing petition under Section 528 BNSS seeking quashing of FIR for kidnapping offences after parties settled their dispute and married each other. Court relied on Gian Singh v. State of Punjab and allowed the petition, quashing the FIR and all proceedings.
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versus
THE STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondents
Through: Mr. Pradeep Gahlot, APP for State with SI Akash Kumar, PS. Bhajanpura. Mr. Amarjeet Singh, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 20.01.2025
This is a digitally signed order.
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Investigating Officer SI Akash Kumar, PS. Bhajanpura.
“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 03/02/2025 at 12:28:40
futility.
VIKAS MAHAJAN, J
JANUARY 20, 2025/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 03/02/2025 at 12:28:40
1 issue framed by the court
Whether the FIR and consequential proceedings should be quashed on the basis of settlement between the parties?
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on
(2012) 10 SCC 303: (SCC p. 340, para 58) · Who else cites this
2 provisions across 2 enactments
Ravinder Saini
The State Govt. of NCT of Delhi
Respondent No. 2
Vikas Mahajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
