Delhi High Court Quashes Brother’s FIR Against Lawyer Sister, Asks Her To Assist Legal Services Committee For One Month

While quashing an FIR registered by a brother against her sister, who recently completed her graduation in law, the Delhi High Court directed her to provide her assistance to its Legal Services Committee for one month.

Justice Saurabh Banerjee quashed the case filed in 2019 against the sister as well as the mother wherein the brother accused them of falsification of documents in respect of a family dispute.

The FIR was registered under Section 404, 405, 406, 420, 463, 464 and 120B of the Indian Penal Code, 1860. The sister and mother filed the petition seeking quashing of the FIR after they arrived at a settlement with the brother on July 25.

“Since one of the petitioners namely petitioner no.2 … has recently completed her Law Degree from the Punjab University, this Court feels that it would be in the interest of the respondent no.2 and the society at large if her services can be utilised in whatsoever manner by the DHCLSC for a brief stint of one month from 01.11.2023 to 30.11.2023,” the court ordered.

Justice Banerjee directed that a copy of the order be sent to the Member Secretary of Delhi High Court Legal Services Committee.

The brother confirmed the family settlement and submitted that he voluntarily settled all disputes with her mother and sister. He also said that he did not wish to pursue the criminal case and had no objection if the FIR is quashed.

The sister told court that though she had shifted to Punjab, she was willing to come to Delhi and offer her legal services in whichever manner possible.

On this, the brother stated that he will provide all kinds of support and co-operation to his sister within during her stay in the national capital.

“This Courts appreciates the efforts of the respondent no.2. Accordingly, the petition is allowed and FIR dated 22.03.2019 registered under Sections 404/405/406/420/ 463/464/120B of the Indian Penal Code, 1860 at PS.: Jyoti Nagar, Delhi and all proceeding emanating therefrom are quashed,” the court ordered.

Advocates Kushank Sandhu, Sanya Singh and Apali Kaushal appeared for petitioners.

ASC Sanjeev Bhandari appeared for the State.

Title: Sandhya Gupta & Anr v. State

Citation: 2023 LiveLaw (Del) 839