IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Kanwal Nain Singh & Ors. – Appellants
Versus
State & Ors. – Respondents
CRL.M.C. 180/2023, CRL.M.A. 758/2023
Cr.M.C. 6833 of 2022
Decided On : 11-07-2023
Quashing of FIR - Neighbour Dispute - IPC 324/506/509/34, IPC 451/323/34 - The court quashed the FIRs and all proceedings arising therefrom, subject to the condition of planting 500 trees each and filing a status report for three years.
Fact of the Case:
The case involved two FIRs filed by the parties against each other, arising from a dispute over parking and subsequent altercations. The parties later settled the matter amicably and sought to quash the FIRs.
Finding of the Court:
The court found that the parties had settled their disputes and did not wish to pursue the complaints further. It noted that the dispute was predominantly private in nature and that the police and judicial time had been wasted due to the prolonged case.
Issues: The main issue was whether the court should quash the FIRs and proceedings arising from a private dispute that the parties had settled amicably.
Ratio Decidendi: The court decided to quash the FIRs and all proceedings, considering the private nature of the dispute, the settlement between the parties, and the wastage of police and judicial time. It imposed the condition of planting trees as a form of social good.
Final Decision: The court quashed the FIRs and all proceedings, subject to the condition of planting 500 trees each and filing a status report for three years.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present petitions have been filed seeking quashing of FIR no.131/2019 registered under Sections 324/506/509/34 IPC and FIR No.132/2019 registered under Sections 451/323/34 IPC dated 04.05.2019 at PS Malviya Nagar and the proceedings arising therefrom.
2. FIR no.131/2019 was lodged by Mr.Sumit Popli briefly alleged therein that they bought a new motorcycle and parked it on the ground floor below the stairs. Amarjeet Singh, his brother and father who all are residing on the 1st floor objected to the parking and a quarrel took place between them. The heated arguments resulted in attacks done by Amarjeet Singh, his brother, and his father with swords and dandas on the complainant his mother Meenu, and his brother Punit.
3. FIR No.132/2019 was lodged by Mr.Amarjeet Singh alleging therein that on 03.05.2019 a quarrel took place between the complainant and Sumit Popli regarding the parking of their two-wheeler vehicle which got resolved. On the next day, Ms Meenu resident of the 3rd floor and mother of Sumit Popli, spitted on the complainant who was standing on his balcony from her floor to which the complainant objected and went inside his house. After some time Meenu and her children Sumit and Punit came to the complainant's floor and started beating them.
4. Both the parties submit that they are the neighbours and settled the matter vide settlement dated 11.11.2022 on the following terms and conditions:
1. That both the parties have agreed to file Quashing Petition before the Hon'ble High Court of Delhi at Delhi for the quashing of their respective FIR's registered against each other. The First Party undertake to file a quashing petition of the FIR bearing no. 0132/20 19 and the Second Party undertake to file a quashing petition of the FIR bearing no. 0131/2019 before the Hon'ble High Court of Delhi simultaneously.
2. That both the parties agrees to file the afore-mentioned quashing petition before the Hon 'ble High Court of Delhi within a month of the signing of the present Memorandum of Settlement
3. That both the parties have agreed to give their No Objection Certificate for the purpose of getting the FIR's quashed registered against each-other.
4. That the First Party and the Second Party undertakes and assured that they will not file any direct or indirect litigation (Civil or Criminal) against each other or against any other family member after the execution of this MOU.
5. That both the parties undertake to co-operate with each other for the purpose of Quashing of the afore-mentioned FIR's and shall appear before the Hon'ble High Court of Delhi at Delhi for the said purpose as and when required.
6. That both the parties have agreed not to indulge in any activity or act in order to defame the other person or their family members pertaining to the allegation mentioned in their FIR's or commit any act which may degrade the reputation of the parties or their family members in the society.
7. The parties out of their own free will, consent and accord without any force, coercion, undue influence, have mutually resolved all their differences and agreed to amicably and voluntarily settle all differences/disputes.
5. The parties are present in person and have been duly identified by the IO. The parties state that the present dispute arose out of a misunderstanding over common parking-related issues which eventually led to an altercation. The parties state that they have amicably settled all their disputes and grievances vide the settlement deed dated 11.11.2022 and do not wish to pursue the present complaints any further. The parties state that they are neighbours to each other and resolve to live peacefully in the future. The parties state that they have no objection if the present FIRs and all other proceedings emanating therefrom are quashed. The parties state that they are making the statement voluntarily against all claims (past, present, and future) without any fear, force, undue influence,
AI
The court has the discretion to quash FIRs and proceedings arising from private disputes that have been amicably settled, considering the interests of justice and the wastage of judicial resources.
The court can quash criminal proceedings under Section 482 Cr.P.C. if the parties have voluntarily settled their disputes and continuation of the proceedings would serve no purpose.
The court has the power to quash criminal proceedings on the ground of a settlement, considering the private nature of the dispute and the amicable settlement reached by the parties.
Voluntary settlement, community service as a form of resolution, and promoting harmony and contribution to society.
The central legal point established in the judgment is the importance of parties' free will in reaching a compromise, the need to curb the tendency of filing cases to settle scores, and the considera....
The court may exercise power under section 482 CrPC to quash proceedings when the chances of ultimate conviction are bleak and a settlement between the parties would lead to better relations.
The court emphasized the importance of amicable resolution of disputes among neighbours, stating that legal proceedings should not continue when settled mutually.
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