Courts may quash criminal proceedings when chances of conviction are bleak and a settlement between the parties would lead to better relations, and may impose costs on the petitioners in appropriate cases.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 14827/2023

Exemption allowed subject to just exceptions.

W.P.(Crl.) 1588/2023

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No.1235/2016 registered at PS Samaypur Badli under Section 308/34 IPC.

2. Briefly stated facts of the case are that the present FIR No.1235/2016was lodged on the statement of Mr. Charan Jeet Yadav/Respondent no.2. The Respondent no.2 and the Petitioners are close family relatives and the quarrel in question was over a property. It is alleged that on 04.12.2016 at 7:30pm, the Petitioner no.1 called the Respondent no.2 and abused and threatened him. Thereafter at 9:30pm, the 3 Petitioners assaulted the Respondent no.2 using a brick, an empty glass bottle, an iron angle and a knife. It is further alleged that the efforts of the Respondent no.2 to run away were of no avail and consequently, after the petitioners left him beaten up, he was taken to the hospital by his servant and tenant.

3. However, due to intervention of relatives, friends and renowned personalities of Samaypur Village, the dispute between the parties has been settled amicably vide Mutual Agreement dated 28.03.2023 with the following terms and conditions:

And Whereas the expressions of all the parties mentioned above shall include their heirs, successors, executors, administrators and legal assigns of the respective parties.

AND WHEREAS both the parties had agreed that the Second Party/Shivdhan Singh Yadav has to give 16 feet street from front to end to the First Party and for that he has to demolish his front 6 feet and his 2 shops in the inner street 2-4 feet on 40/10 Main Bawana Road, Samaypur Delhi-110042 by: 14/05/2023, from the rear side, both the parties can bring their wall forward upto 61 feet. If Second Party does not give 16 feet road by demolishing his shops and front, then the first party/ Deepak Yadav can do so and Second Party or his members cannot stop him or cannot take any legal action against him.

AND WHEREAS the First Party will be given Rs.11,00,000/- (Rupees Eleven Lacs only) cash for settlement out of 18 Lakhs by 25/03/2023 for can loan default, after that First Party cannot ask for any new money from the Second Party or his family against can loan default for BMW X5 Regn. No. DL-4CAV-1381. Both the parties had agreed that 16 Feet common road will remain forever and no one can do any new connection on that road, nor can anyone challenge this decision. There can be no new division of 40/10 Main Bawana Road, Samaipur Delhi-110042 property in future, neither nor we not any of heirs can cheat.

Apart from this anyone can do construction on his remaining property at any time, others cannot stop his work, nor can any one complaint.

If Second Party does not give 16 feet path to the first party and does not break both his shops and front or First Party/Deepak Yadav makes some new demand, then legal action can be taken against each other.

Both the families will take back the complaints made against each other, whether it is a Civil Court Case, a Criminal Court Case or a police case or any FIR.

This decision has been taken in front of 03 big people of the Samaypur Village and they are the witnesses of this decision and their details are below

i) Narain Singh Yadav

ii) Surender Pal Yadav

iii) Satish Yadav

Both family names & details

i) Shivdhan Singh Yadav S/O Late Ganpat Singh Yadav

ii) Himanshu Yadav & Lakshay Yadav both sons of Shri Chanderjeet Yadav S/O Shivdhan Singh Yadav

iii) Mishri Devi Wife of Shivdhan Singh Yadav

iv) Madhubala Yadav W/o Chander Jeet Yadav

i) Deepak Yadav & Puneet Yadav S/O Late Kanwar Pal Yadav

ii) Uma Yadav W/O Late Kanwar Pal Yadav

Both the parties had agreed that First Party front 40 ft. & back Ft. & second Party front 45 Feet & Back 44 Feet & 16 Feet Common path which 92 Ft. Length will be in the middle

AND WHEREAS both the parties mutually agreed on all the terms and conditions this agreement as mentioned