Amicable settlement and private nature of the dispute as grounds for quashing FIRs.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. These are two petitions seeking quashing of cross FIR No. 403/2021 dated 24.09.2021 registered under sections 323/341/506 IPC and FIR No. 400/2021 dated 23.09.2021 registered under sections 341/323/506/34 IPC. Both the FIRs were lodged at PS Neb Sarai.

2. FIR No. 403/2021 was lodged on the complaint of respondent No. 2 in CRL.M.C. 1995/2022, alleging therein, that on 15.09.2021 Mr. Anubhav Sharma was invited at the birthday party of the complainant's brother whereby he allegedly misbehaved with one girl. Later when the girl informed this to the complainant and the complainant took a stand, Anubhav Sharma misbehaved with the complainant, abused him, and threatened him of dire consequences over the telephone. Thereafter later that night in a pre- planned move Anubhav Sharma went to the complainant's house and an altercation took place between them. It has been alleged that Anubhav Sharma hit the complainant and threatened to kill him. It has been further alleged that Anubhav Sharma even hit the brother of the complainant when he tried to intervene and resolve the fight. Later when the parents of the complainant also intervened, Anubhav Sharma hurled abuses at them. Thereafter, he went back only to return with his parents, relatives and other unknown persons and an altercation took place again. The unknown persons left, and the parents and relatives of Anubhav Sharma remained and called the police.

3. The other FIR No. 400/2021 was lodged on the complaint of respondent No. 2 in CRL.M.C. 2005/2022, alleging therein that on the same day at around 9:47 PM, Akhshat Jiggyasu told him on phone to come to his house in a planned manner. The complainant refused but Akhshat did not agree. When the complainant reached his house, Akshat Jiggyasu started abusing him and hitting him. Akshat even called his brother Aryan Jiggyasu and told him to bring an iron rod. It has been alleged that Aryan Jiggyasu came and attacked the complainant badly. The complainant was locked in the house and was beaten up badly. It has been alleged that the clothes of the complainant got torn and the complainant's father and uncle upon seeing this came and stopped Aryan and Akshat. It has been alleged that Akshat called other 4-5 boys from his gym as well as his friends and threatened to kill the complainant. It has been alleged that Akshat's mother changed his torn clothes and hid it. They also kept his wallet and phone. Somehow the complainant informed his parents, and they came and called the police. The Police later took the complainant to AIIMS for medical examination. Based on these complaints, the present FIRs got registered.

4. Learned counsel submits that the parties have since reconciled their differences with each other and have amicably settled the dispute voluntarily without any coercion, fraud or undue influence. Learned counsel submits that both the parties reside in the same vicinity. He submits that the parties are young and the dispute occurred due to some misunderstanding between them. Learned counsel submits that because of the misunderstanding an altercation took place on 15.09.2021. However, in the said incident neither party sustained any serious injuries.

5. It has been submitted that the petitioner and respondent no. 2, both come from reputed families and have no past criminal antecedents. Learned counsel submits that with the help and intervention of well-wishers and common friends the parties have voluntarily resolved all their disputes considering their mutual benefit, vide settlement agreement dated 06.04.2022 on the following terms and conditions:

"1. That both parties are young and due to some misunderstanding an incident took place on 15.09.2021. In the said incident neither party suffered any serious injuries.

2. That with intervention of elder of both parties and keeping in view the future of young children, parties have arrived at an amicable settlement whereby they agree to get FIR's No