Hc Parveen Kumar Vs State & Anr. — Writ and Judicial Review | Delhi HC (2025)

Hc Parveen Kumar Vs State & Anr. — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

All three petitions allowed/disposed: FIR No.231/2017 dated 16.06.2017 (PS Malviya Nagar) with chargesheet and subsequent proceedings quashed qua Petitioner Nos.1-4 (CRL.M.C. 4175/2024), and quashed in its entirety along with all subsequent proceedings in CRL.REV.P. 365/2018 and W.P.(CRL) 1987/2019.

Issue for consideration

Whether FIR No.231/2017, its chargesheet and all subsequent proceedings should be quashed qua Petitioner Nos.1 to 4 (Monalisa Banerjee and family) in view of the settlement with Respondent No.2 (Section 482 Cr.P.C petition). +2 more

Court's answer

The FIR No.231/2017 dated 16.06.2017 registered at Police Station Malviya Nagar, with all subsequent proceedings and the chargesheet, is hereby quashed qua Petitioner Nos.1 to 4 (CRL.M.C. 4175/2024).

Ratio / Principle

The petition in CRL.M.C. 4175/2024 is allowed and stands disposed of.

Key takeaways

Since the complainant settled the matter with Monalisa Banerjee and other family members, there would be no fruitful purpose in continuing the trial against the other accused, who are only incidental accused persons (CRL.REV.P. 365/2018).ratio¶41
In CRL.REV.P. 365/2018, the entire FIR and all subsequent proceedings emanating therefrom stand quashed.ratio¶42
Since the complainant settled the matter with Monalisa Banerjee, other family members and the two doctors, there would be no fruitful purpose in continuing the trial against the other accused, who are only incidental accused persons (W.P.(CRL) 1987/2019).

Detailed headnote1 paragraphs

High Court of Delhi at New Delhi (Hon'ble Ms. Justice Neena Bansal Krishna), order dated 23.01.2025, disposing of three petitions arising out of FIR No.231/2017 (PS Malviya Nagar). (1) CRL.M.C. 4175/2024 (Section 482 Cr.P.C) by Monalisa Banerjee, Dipayan Banerjee, Susmita Mukherjee and Samarpit Mukherjee: following a final settlement of 06.02.2023 before the Delhi High Court Mediation and Conciliation Centre — Petitioner No.1 agreeing to pay Rs.46,50,000/- to her daughter/complainant Riya Banerjee, the balance Rs.9,73,000/- being paid in court by Cheque No.008837 dated 23.01.2025 (Union Bank, Kailash Colony) — the FIR dated 16.06.2017, the chargesheet and all subsequent proceedings were quashed qua Petitioner Nos.1-4; petition allowed and disposed. (2) CRL.REV.P. 365/2018 (Sections 397/401 Cr.P.C) by HC Parveen Kumar against the protest-petition order dated 19.03.2018 of the District & Sessions Judge, South, Saket: with the complainant raising no objection post-settlement, the court found continued trial against incidental accused persons fruitless and quashed the entire FIR and subsequent proceedings. (3) W.P.(CRL) 1987/2019 (Articles 226/227 of the Constitution read with Section 482 Cr.P.C) by Dr. Sameer Kalani and Dr. Raj Mishra against orders dated 19.03.2018, 23.03.2019 and 11.04.2019: likewise, the entire FIR and all subsequent proceedings emanating therefrom were quashed.

Procedural history

How this case reached the court

AI extract

Order under challenge
Orders sought to be set aside: the Order on Protest Petition dated 19.03.2018 summoning accused (incl. HC Parveen Kumar) to face trial in FIR No.231/2017 (challenged in CRL.REV.P. 365/2018), and Orders dated 19.03.2018, 23.03.2019 and 11.04.2019 with consequential proceedings (challenged in W.P.(CRL) 1987/2019)¶44
learned District & Sessions Judge, South, Saket · 19.03.2018; 23.03.2019; 11.04.2019
Prior proceeding
Respondent No.2 (complainant) filed a Complaint on 16.06.2017 against the Petitioners and other accused for an incident of 11.06.2017.¶26
Prior proceeding
FIR No.231/2017 dated 16.06.2017 registered at Police Station Malviya Nagar on the complaint.¶26
Prior proceeding
Police filed the chargesheet before the Court of learned M.M.; charges framed against the accused including the Petitioners.¶27
Prior proceeding
Petitioners had approached this Court by Criminal Revision Petition; the Court directed appearance before the Coordinator, Delhi High Court Mediation and Conciliation Centre.¶27
Prior proceeding
Final settlement arrived at on 06.02.2023 between Petitioner Nos.1 to 4 and Respondent No.2 in mediation.¶27
Prior proceeding
Settlement terms: Accused/Petitioner No.1 Smt. Monalisa Banerjee agreed to pay a total of Rs.46,50,000/- to her daughter Respondent No.2/complainant for securing her future.¶28
Prior proceeding
Respondent No.2 (via video conferencing) confirmed the amicable settlement; the balance sum was handed over in court on the day of the order.¶29
Prior proceeding
Mode of payment of the balance amount: cheque handed to Respondent No.2's counsel.¶29
Prior proceeding
Respondent No.2 stated she has no objection to the quashing of the FIR.¶32
Prior proceeding
Other petitioners present in person, identified by their counsel and the Investigating Officer, who endorsed the settlement.¶33
Prior proceeding
In CRL.REV.P. 365/2018, the complainant reaffirmed no objection to quashing of FIR against HC Parveen Kumar and co-accused Abdul Gaffar, Virender, Anamika and Dr. Isrual Haque owing to the settlement.¶38