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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Hari Mohan Singh & Anr. – Appellants
Versus
State of NCT of Delhi & Ors. – Respondents
W.P.(Cr) 1562 of 2023 & W.P.(Cr) 1563 of 2023
Decided On : 21-08-2023
Quashing of FIR - Private Settlement - IPC 308/34, IPC 323/341/354/34
Fact of the Case:
The petitions seek quashing of FIR No. 421/2022 under Sections 308/34 IPC and FIR No. 420/2022 under Sections 323/341/354/34 IPC, both registered at PS Sangam Vihar, based on a private settlement between the parties involved in the disputes.
Finding of the Court:
The court found that the parties had amicably resolved their disputes through a settlement deed and voluntarily entered into the settlement without coercion. Considering the private nature of the dispute and the voluntary settlement, the court concluded that there was no reason to reject the settlement and decided to quash the FIRs.
Issues: The issues involved the quashing of FIRs under IPC 308/34 and IPC 323/341/354/34 based on a private settlement between the parties.
Ratio Decidendi: The court relied on previous judgments to emphasize that the nature of injuries and attendant circumstances should be considered when deciding to quash an FIR, regardless of the sections under which it was registered. The court also considered the private nature of the dispute and the voluntary settlement in reaching its decision.
Final Decision: The court quashed the case FIR No. 421/2022 under Sections 308/34 IPC and FIR No. 420/2022 under Sections 323/341/354/34 IPC, both registered at PS Sangam Vihar, and disposed of the petitions.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petitions have been filed seeking quashing of case FIR No. 421/2022 under Sections 308/34 IPC registered at PS Sangam Vihar and FIR No. 420/2022 under Sections 323/341/354/34 IPC registered at PS Sangam Vihar.
2. The FIR No. 421/2022 has been filled on the statement of Bacharam Sharma. Briefly stated, a PCR call was received at PS Sangam Vihar vide DD No. 113A Dated 29/06/2022. IO/HC Buddhi Prakash reached at the spot where he came to know that PCR van took the injured to AIIMS Trauma Center for treatment. HC Buddhi Prakash reached AIIMS Trauma Center and collected MLC No, 500321827/22 of injured Pratima w/o Bacha Ram Rio H. No. F-3/552, Sangam Vihnr, Delhi. Wherein the doctor gave A/H/O: Assault by 3-4 persons, particular of injury Laceration over left parietal region of scalp 1x1 CM, Laceration over left ear-pinna 0.5x0.5 CM and nature of injury-pending investigation, and on MLC No. 500321828/22 of injured Bacha Ram S/o Khachedu Ram R/o H. No. F3/22 Sangam Vihar, Delhi gave A/H/O: Assault by 3-4 known persons, Laceration 1x1 CM approx over RT eyebrow and Laceration 1xl CM approx1/2over scalp, nature of injury- Pending investigation. On dated 30/06/2022 injured Bacha Ram S/o Khachedu Ram gave a written complaint regarding the incident at PS Sangam Vihar, wherein he stated that on 29/06/2022, when he came back from work his wife Pratima told him that Hari Mohan and his wife Ruchika has beaten her. He and his wife went to Ruchika for asking about the quarrel. Suddenly they started beating him and his wife Ruchika with iron rod and bricks. They called police and went to AIIMS trauma center for treatment. On the complaint of Bacha Ram Case FIR No. 421/2022 dated 01/07/2022 U/S 308/34 IPC, PS Sangam Vihar was registered.
3. Similarly, the FIR No. 420/2022 was lodged on the statement of Harimohan Singh. Briefly stated, a PCR call was received at PS Sangarm Vihar vide DD No. 113A Dated 29/06/2022 and the same was entrusted to IO/HC Rishi Dev for taking necessary action. IO/HC Rishi Dev reached spot where he came to know that PCR van has taken took the injured to JPNATC AIIMS for treatment. HC Rishi Dev reached AIIMS and collected MLC No. 500321815/22 of injured Ruchika w/o Hari Mohan Rio H. No. F-3/552, Sangam Vihar, Delhi, wherein the doctor gave A/H/O: Assault by 5-6 known persons, particular of injury swelling over back of left ear and nature of injury - pending investigation, and on MLC No. 500321817/22 of injured Pra11hna D/o Hari Mohan Rio H. No. F3/22, Sangam Vihar, Delhi, the doctor gave A/H/O: Assault by 5-6 known persons, particular of injury abrasion over scalp and nature of injury-simple. On dated 30/06/2022, husband of injured Ruchika namely Hari Mohan gave a written complaint regarding the incident at PS Sangam Vihar, wherein he stated that on 29/06/2022 when he was not at home, Bacharam Sharma and two other person misbehaved with his wife and daughter. Then his wife and daughter resisted they had beaten her wife and daughter during which her daughter and wife suffered grievous injures on their neck and shoulder. A Case FIR No. 420/2021 u/s 323/341/354/34 IPC Dated 01/07/2022, PS Sangam Vihar was registered. After the investigation the charge-sheet was filed in both the matters.
4. Learned counsel for the petitioners submits that 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. vide settlement deed dated 17.08.2023 on the following terms and conditions:
"1. That Party at First Part and Party at Second Part earlier neighbors residing at Sangam Vihar, New Delhi,
2. That Party at First Part and Party at Second Part have some disputes arose and accordingly both have lodged the complaints against each other which was registered as FIR No.421/2022 (308/34 IPC) and 422 2032 (323/354/34 IPC) PS Sangam Vihar respectively.
3. That after intervention of mutual friends and res
The nature of injuries and attendant circumstances should be considered when deciding to quash an FIR, and private settlements can be a valid basis for quashing FIRs.
The central legal point established in the judgment is that if parties settle a trivial dispute amicably and the nature of injuries and the private nature of the dispute support it, the court may qua....
The court emphasized the importance of amicably settling trivial disputes and considered the nature of injuries and circumstances in deciding to quash the FIRs.
Amicable settlement between parties and the complainant's statement expressing no objection to quashing the FIR can lead to the quashing of criminal proceedings.
Cases arising from matrimonial differences should be put to rest if parties reach an amicable settlement, and the nature of injuries and circumstances should be considered in determining the quashabi....
High Court can quash FIR under Section 307 IPC on genuine compromise if injuries non-vital, incident spur of moment without intent to kill, prosecution evidence incomplete, promoting social harmony a....
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