• 3 culprits / 2 arrested / 3rd never arrested / FIR quashed

IN THE HIGH COURT OF DELHI AT NEW DELHI
 
 18.12.2009
 
 W.P. (Crl.) No. 1315/2009
 
 By way of this petition filed under Article 226 of the
 Constitution of India r/w Section 482 Cr.P.C. the petitioners seek quashing of
 the FIR No. 635/2008 under Section 420/468/471/406/120-B/34 IPC registered at
 P.S. Rajouri Garden and other criminal proceedings arising therefrom.
 Mr. Hariharan counsel appearing for the petitioners submits that
 with the intervention of the Mediation Centre Tis Hazari Courts, Delhi the
 matter in dispute between the parties has been amicably settled. Counsel
 further submits that in terms of the settlement dated 30.05.2009 the petitioners
 have already paid the entire outstanding amount of all the complainants.
 Counsel further submits that now no dispute of any nature survives between the
 parties as the grievances of the complaints have already stand redressed.
 
 
 The quashing of the FIR is strongly opposed by Ms. Meera Bhatia,
 Addl. Standing Counsel for the State. Counsel for the state submits that there
 are serious allegations against the petitioners who had forged various documents
 from Government Departments so as to claim ownership of the plot in question
 and the necessary approvals granted by Government Departments in favour of the
 petitioners? Society.
 I have heard counsel for the parties.
 Since the matter in dispute has been settled between the parties
 due to the intervention of the Mediation Centre Tis Hazari Courts, Delhi and the
 petitioners have paid the respective amounts to all the complainants, I am of
 the view that no useful purpose would be served in keeping the said FIR and the
 proceedings arising therefrom unnecessarily alive any further against the
 petitioners. Consequently, the FIR No. 635/2008 under Section
 420/468/471/406/120-B/34 IPC registered at P.S. Rajouri Garden and the
 criminal proceedings arising therefrom are hereby quashed qua the petitioners.
 However, considering the fact that there are serious allegations against the
 petitioners that they had forged certain documents of various Government Offices
 including the Office of the Assistant Registrar Cooperative Societies, Gurgaon I
 impose cost of Rs.20,000/- each on all the petitioners which shall be deposited
 by them with the Delhi High Court Bar Association Lawyers? Social Security and
 Welfare Fund within a period of four weeks from the date of this order.
 Necessary deposit receipt shall be filed by the petitioners with the Registrar
 General of this Court within a period of one week from the date of deposit.
 DASTI.
 
 December 18, 2009 KAILASH GAMBHIR,J
---------------------------------
 
 IN THIS FIR SANJAY BHATIA & VANDANA BHATIA & BANSAL WERE NAMED. SANJAY BHATIA & BANSAL WERE ARRESTED
AS FIR WAS QUASHED
CAN ANY ACTION BE TAKEN ON VANDANA BHATIA NOW ?

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Asked 5 years ago in Criminal Law
Religion: Sikh

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14 Answers

Vandana Bhaita was the petitioner in the quashing petition or not?

if yes, than the matter has been quashed otherwise the matter was quashed only for the petitioners as mentioned in the Order of the Hon'ble High Court. 

"therefrom are hereby quashed qua the petitioners"

 

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Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Hello,

since the FIR has been quashed now by the HC, therefore nothing remains and nothing can be done against the petitioners who preferred the petition before the HC.

Deposit the said penalty before the HC at the earliest.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

No action would be taken against Vandana Bhatia now as the FIR has been quashed by the High Court. It means that all the criminal proceedings pertaining to the said FIR number have been quashed. 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

If the FIR itself is arrested , there is no question of going after anyone named therein as regards his arrest or something else.

Of you were so concerned about arrest of another person then you should have not agreed to make compromise.

Now it is too late and nothing can be done against the third person.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

since FIR has been quashed against all   accused vanadana bhatia cannot be arrested 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

-  Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. 

- Hence, as per law , when the FIR already quashed by the Honble Hight Court, then there is nothing remains and nothing can be done against the Petitioners who preferred the petition.

 

 

Mohammed Shahzad
Advocate, Delhi
13103 Answers
195 Consultations

5.0 on 5.0

Dose any charge sheet was filed by police and find her accused too ?

Or at only investigation stage, FIR has been quashed ?

In first situation - NO

In next - Yes.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

See the FIR is quashed qua the petitioners only so if in the high court all three accused were petitioner then in that case no action can be taken otherwise in case she was not petitioner before high court then action can be taken against her. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The fir was lodged and subsequently quashed. The persons arrested must have been set free as no charges now remain. If the third was not arrested how can she be arrested now. 

Regards 

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

You need to file slp in SC to challenge the said order

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Dear client 

As the FIR was against all the three Accused. And the said FIR has been quashed by the Hon'ble High court.

As per my understanding the third accused was either discharged by the police after Investigation or by the trail court. 

So after quashing of FIR no action will be taken against vandana also. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

FIR has been quashed against all accused, no action will be taken against vanadana bhatia he cannot be arrested. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Since the FIR has been quashed there is no case now pending  before any court, moreover this has not be appealed against by the defacto complainant nor by the state, hence there is nothing to be worried about by  the third accused in this regard.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that FIR has been quashed by the Hon’ble Delhi High Court.
  2. And it is also pertinent to see that there is no specific wording in the order of the Hon’ble Delhi High Court about keeping the FIR alive for any one whose name has been mentioned in the FIR.
  3. It means that now no action can be taken against Vandana Bhatia for sure.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

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