SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Del) 2560

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Anshul Garg & Ors. – Appellants
Versus
The State & Anr. – Respondents
Cr.M.C. 4808 of 2022 & Cr.M.C. 4836 of 2022
Decided On : 23-02-2023

Advocates appeared:
Mr. Pankaj Kumar, Advocate, for the Petitioners.
Mr. Hemant Mehla, APP for the State.

The court can quash FIRs and related proceedings when parties have amicably settled their disputes and do not wish to pursue the complaints further, especially in private disputes.

Headnote:

settled disputes - Quashing of FIRs - IPC 354/323/341/506/34, 354B/323/506/34

Fact of the Case:

The case involved two cross FIRs between neighbors over an altercation regarding flying kites on the roof, leading to physical altercations and complaints being filed.

Finding of the Court:

The court found that the parties had amicably settled their disputes and did not wish to pursue the complaints any further. The court also noted that there were no other disputes between the parties as per the Investigating Officer.

Issues: Dispute over flying kites on the roof, physical altercations, settlement of grievances, and quashing of FIRs.

Ratio Decidendi: The court decided to quash the FIRs and all proceedings emanating from them, considering the private nature of the dispute, the amicable settlement between the parties, and the lack of other disputes between the parties.

Final Decision: The court quashed both FIR No. 552/2016 and FIR No. 551/2016, along with all other proceedings emanating from them, and disposed of the petitions.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--These are two petitions seeking quashing of cross FIR No. 552/2016 registered under sections 354/323/341/506/34 IPC and FIR No. 551/2016 registered under sections 354B/323/506/34 IPC. Both the FIRs were lodged on 01.08.2016 at PS Bhajanpura.

2. FIR No. 552/2016 was lodged on the complaint of respondent No. 2 in CRL.M.C. 4808/2022, alleging therein, that on 01.08.2016 when she was walking on the roof, Mr. Anshul Garg, Amit Chauhan who were present at the adjacent roof and stay below her house, were looking at her and talking inappropriately. It has been alleged that when she opposed them, Amit Chauhan held her hand and Anshul caught her clothes and started pulling her towards their roof. When she screamed for help, one of their associates namely Manoj also came, held her hair and pushed her on the floor. Thereafter someone told her mother and her mother along with her father and brother came up. It has been alleged that the accused also beat up the family members of the complainant. Subsequently, they were taken to Jag Pravesh Hospital for treatment.

3. The other FIR No. 551/2016 was lodged on the complaint of respondent No. 2 in CRL.M.C. 4836/2022, alleging therein that on the same day at around 7:15 pm, when she was in her house and her children were flying kites on the roof, the daughter of Rajesh Jain who is complainant in CRL.M.C. 4808/2022 (resident in the same building) was also at the terrace and scolded some girl with some heart problem. When the girl started crying, her mother rushed to the terrace and Rajesh Jain along with his wife, son and daughter also came there and hurled abuses at the mother of the girl. Hearing the noise when the complainant along with her husband also reached the terrace to look for her children, she saw an altercation was taking place. After they tried to talk to the parties, Rajesh Jain with his family left from the terrace and went downstairs. As the complainant along with her husband and children were also leaving, Rajesh Jain with his family came back up with sticks and attacked them. The daughter of Rajesh Jain (complainant in CRL.M.C. 4808/2022) also pulled her hair, and wife of Rajesh Jain tore her clothes. Based on these complaints, the present FIRs got registered and the matter is pending adjudication before the Learned MM, KKD Courts, Delhi.

4. Learned counsel for the petitioners submits that both the parties are neighbours to each other and live in the same building. Learned counsel submits that during the proceedings, the parties have amicably resolved all their disputes with the help and intervention of well-wishers and common friends vide settlement agreement dated 01.02.2022 on the following terms and conditions:

"WHEREAS on the complaint of the Second party an FIR No. 551/16 UNDER SECTION 354-B/323/506/34 IPC PS BHAJANPURA, DELHI was lodged against the First party and further on the complaint of First party, FIR NO. 552/2016 UNDER SECTION 354/323/341/506/34 IPC PS BHAJANPURA, DELHI was lodged against the second party.

WHEREAS with the passage of time, the matter was amicably settled between the parties and both the parties have settled all their grievances keeping the future of both families as well as for peaceful atmosphere without any force, coercion and undue influence but for the healthy mind and freewill to live peacefully

AND WHEREAS after settlement, there is no dispute left remained unsettled between the parties to this Compromise/settlement Deed.

AND WHEREAS both the parties undertakes that they shall cooperate each other in quashing the aforesaid said FIR No.551/2016 and FIR No.552/2016 and its proceedings, if any, before the Hon'ble High Court of Delhi at New Delhi and also shall appear there to give their statement regarding the aforesaid settlement.

AND WHEREAS both the parties also undertake that they shall not file any case in relation to the above said disputes against each other or their family members before any compete

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top