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2023 Supreme(Del) 81

IN THE HIGH COURT OF DELHI AT NEW DELHI
DINESH KUMAR SHARMA, J.
Sunny Singh Alias Parminder Singh & Ors – Appellants
Versus
State Of NCT Of Delhi & Anr. - Respondents
Crl.M.C. 521, 524 of 2023
Decided on : 25-01-2023

Advocate Appeared:
For the Appellant :Mr. Shashi Shanker, Advocate
For the Respondent:Mr. Satinder Singh Bawa, Ms. Nisha Satyarthi with Mr.Saksham Yadav and Mr. Prashant, Advocates

Headnote:

Indian Penal Code, 1860 - Sections 354, A, 509, 34, 323 - Seeking quashing of cross FIR - Parties have settled all disputes - Petitions seeking quashing of cross FIR – Held, Dispute is predominantly private in nature and parties have settled all disputes amicably, in interest of justice it would be better to put a quietus to dispute - Chances of conviction would also be bleak and remote, given that parties do not wish to pursue present complaint on account of settlement – Court do not see any reason to reject settlement - Taking into account totality of facts and circumstances, case FIR both registered and all proceedings emanating therefrom are quashed - Petitions disposed of.

JUDGMENT :

DINESH KUMAR SHARMA, J.

Crl.M.A.2059/2023 (exemption) in CRL.M.C. 521/2023

Crl.M.A.2092/2023 (exemption) in CRL.M.C. 524/2023

Exemptions allowed subject to all just exceptions.

CRL.M.C. 521/2023 & CRL.M.C. 524/2023

1. These are two petitions seeking quashing of cross FIR No. 682/2021 registered under sections 354/509/34 IPC and FIR No. 677/2021 registered under sections 354A/323/34 IPC. Both the FIRs were lodged at PS Hari Nagar.

2. FIR No.677/2021 was lodged on the statement of Mrs. Tanjleen Kaur wife of Mr. Parminder Singh alleging therein that she was beaten up with a rod and was dragged on the floor along with her one-year old daughter by Upkar Singh, Amanpreet Singh and Banider Singh. It was further alleged that earlier also a complaint was filed against them. The complainant had alleged that while beating her, the accused persons had touched her in an inappropriate manner with wrong intentions. The said FIR was lodged on 27.11.2021. The second FIR No. 682/2021 was lodged on 02.12.2021 on the statement of Ms. Kanika Kochar wife of Mr. Amanpreet Singh alleging therein that on 26.11.2021 on hearing the noises she went outside and saw that her husband and father-in-law were being beaten up. It was alleged that she and her mother-in-law ran down and found that her husband and father in law were being beaten up by their neighbours. It was alleged that when she tried to intervene, Sunny Singh pushed her and threatened her. It was further alleged that Rinku Chadha also touched her on her chest and was touching her in an inappropriate manner.

3. Learned counsel for the petitioners submits that both the parties are neighbours to each other and have amicably resolved all their disputes with the help and intervention of well-wishers and common friends. The parties have reached on a memorandum of understanding dated 01.11.2022 on the following terms and conditions.

“1. That the confirming party no. 1 has agreed to withdraw the complaint dated 27.11.2021 filed against the second party by way of getting the FIR No. 677 dated 27.11.2021 quashed in favour of the second party.

2. That the confirming party no. 2 has agreed to withdraw the complaint dated 2.12.2021 filed against the first party by way of getting the FIR No.682 dated 2.12.2021 quashed in favour of the first party.

3. That for the aforesaid purpose both the confirming parties shall cooperate and shall also give their respective no objection/affidavits in this regard.

4. That both the confirming party have also given their respective independent consents for the aforesaid compromise/ settlement and for quashing of both the FIRs and have also signed the present Memorandum of Understanding dated 1.11.2022 with their respective free will, consent and volition.

5. That as per terms of the compromise/Memorandum of Understanding the conforming party no.1 and 2 have decided to withdraw the cases/complaint filed against first party and second party unconditionally and the first party and second party have also given their specific consent for the same. It is agreed between the parties to lead their lives happily and independently.

6. That all parties have settled all their disputes and differences against each other and against the family members of each other.

7. That all the parties have no claim in respect of the aforesaid cases/FIRs/disputes and allegations leveled against each other with regards to the aforesaid cases/FIRs pending in the aforesaid courts and both the parties have settled all their disputes by signing the present settlement agreement.

8. That all the parties also undertake that they will not write any authority/govt. official/ any department in connection with or against the other party on any account whatsoever and the matter is settled fully and finally.

9. That the parties have taken the decision of settling the entire disputes keeping in view their future welfare and prospectus.

10. That the parties sign this agreement voluntarily, without and pressure, threat or coe

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