Jagmender & Ors. v. State & Anr.

Delhi High Court · 03 Mar 2020 · 2020:DHC:1517
Brijesh Sethi
W.P.(CRL) 605/2020
2020:DHC:1517
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under multiple IPC sections following an amicable settlement between the parties, holding that continuation of proceedings would be futile.

Full Text
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W.P.(CRL) 605/2020 1
HIGH COURT OF DELHI
Date of Decision: March 03, 2020
W.P.(CRL) 605/2020
JAGMENDER & ORS. ..... Petitioners
Through: Ms. Anindita Das, Advocate
VERSUS
STATE & ANR. ..... Respondents
Through: Mr. Amit Peswani, Advocate for Ms.Nandita Dass, Additional
Standing Counsel (Crl.) with SI Naveen Mr. Deepak Sharma, Advocate for respondent No.2
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Vide this petition, quashing of FIR No. 229/2017, registered at police station Punjabi Bagh, Delhi for the offences under Sections
323/341/354/506/509/34 IPC is sought on the basis of Settlement Deed of
1st August, 2019 reached between the parties.
Notice.
Mr. Amit Peswani, Advocate appearing for Ms.Nandita Rao, Additional Standing Counsel for respondent No.1/State and Mr. Deepak Sharma, Advocate for respondent No.2, accept notice.
2020:DHC:1517
W.P.(CRL) 605/2020 2
Learned counsel appearing for respondent No.1/State submits that petitioners as well as respondent No.2/complainant are present in the
Court and they have been identified by the Investigating Officer of this
Court.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of Settlement
Deed of 1st August, 2019. She affirms the contents of her Affidavit of 29th February, 2020 supporting this petition and submits that now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.
Upon hearing and on perusal of the FIR of this Case, I find that continuance of proceedings arising out of the FIR in question would be an exercise in futility as the misunderstanding, which led to registration of the FIR, now stands cleared between the parties.
Accordingly, this petition is allowed and FIR No. 229/2017, under
Sections 323/341/354/506/509/34 IPC, registered at police station Punjabi
Bagh, Delhi and the proceedings emanating therefrom are quashed qua petitioners.
This petition stands disposed of accordingly.
(BRIJESH SETHI)
JUDGE
MARCH 03, 2020 r 2020:DHC:1517