Khajanchi and Ors. v. State of NCT of Delhi & Ors.

Delhi High Court · 30 Oct 2019 · 2019:DHC:5601
Brijesh Sethi
W.P.(Crl.) 2486/2019
2019:DHC:5601
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 323/341/506/34 IPC on the ground of an amicable settlement between family members, exercising its power under Section 482 CrPC.

Full Text
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W.P.(Crl.) 2486/2019 HIGH COURT OF DELHI
Date of Decision: October 30, 2019
W.P.(CRL) 2486/2019
KHAJANCHI AND ORS ..... Petitioners
Through Mr. Neeraj and Mr. Rajesh Kumar, Advocates
VERSUS
STATE OF NCT OF DELHI & ORS..... Respondents
Through Mr. Avi Singh, ASC with Mr. Tanuj Bhadana, Advocate for
State/R-1 with SI Dhankar Singh, P.S.: Prasad Nagar
Respondents in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)

1. Quashing of FIR No. 0100/2019, under Sections 323/341/506/34 IPC, registered at police station Prasad Nagar, Delhi is sought on the ground that the dispute between the parties stands amicably settled. Respondents are present in the court today and submit that they have settled the dispute with the petitioners without any undue influence, coercion or pressure from any source whatsoever.

2. Notice.

3. Mr. Avi Singh, learned ASC for the respondent/State accepts notice and submits that the status report has been filed and the facts 2019:DHC:5601 W.P.(Crl.) 2486/2019 regarding the death of petitioner no.3 Mohit@ Miththan Kumar has been states that the petitioners and respondents are family members i.e. brothers and mother. Learned ASC further states that the petitioners as well as respondents/complainants of this FIR, who are present in the Court have been duly identified by the Investigating Officer of this case.

4. The petitioners and respondents have submitted that they have settled their disputes vide settlement/compromised deed on 30.05.2019.

5. Respondents present in the Court, submits that the dispute between the parties has been amicably resolved. Respondents further submit that now no dispute with petitioners survives and therefore, the proceedings arising out of the FIR in question be brought to an end.

6. Since the dispute stands amicably resolved between the parties, the petition is allowed and FIR No. 0100/2019, under Sections 323/341/506/34 IPC, registered at police station Prasad Nagar, Delhi and the proceedings emanating therefrom are quashed qua petitioners.

7. The petition stands disposed of accordingly.

JUDGE OCROBER 30, 2019 savita