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High Court of DelhiCRL.M.C./5153/2023

Raj Kumar & ANR. v. The State, Government Of National Capital Territory Of Delhi & ANR.

2024-04-24Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5153/2023 RAJ KUMAR & ANR.

..... Petitioners Through:

Ms.Anita Verma, Ms.Jacklin and Mr.Sultan, Advocates versus THE STATE, GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ANR.

..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with WSI Sumita Sehrawat, P.S. Patel Nagar.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 24.04.2024 1.

By way of present petition filed under Article 227 of the Constitution of India read with Section 482 Cr.P.C., the petitioners seek quashing of FIR No. 714/2022 registered under Sections 323/341/354D/34 IPC at P.S. Patel Nagar on the ground that the parties have amicably settled their dispute. 2.

Mr. Sabharwal, learned APP for the State has taken a preliminary objection to the maintainability of the present petition by contending that chargesheet in the present FIR has been filed under Sections 506/323/341/354D/376 IPC and that the same cannot be quashed solely on the basis of settlement arrived at between the parties. 3.

While the original FIR was registered under Sections 323/341/354D/, 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 03/05/2024 at 12:53:13

consequent to the investigation undertaken, Section 376 and 506 have also been added. The offence punishable under Section 376 IPC is not only a serious and heinous offence, but also one which has a serious impact upon the society and therefore, the same cannot be quashed solely because a settlement has been arrived at between the parties. Considering the aforesaid as well as taking note of the Supreme Court decisions in Gian Singh v. State of Punjab & Anr. reported as (2012) 10 SCC 303 and Shimbhu & Anr. v. State of Haryana reported as (2014) 13 SCC 318, I find no ground to entertain the present petition and the same is dismissed. MANOJ KUMAR OHRI, J APRIL 24, 2024 ga 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 03/05/2024 at 12:53:13