Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Vikash Choudhary & Anr. – Appellants
Versus
State & Anr. – Respondents
Cr.M.C. 5742 of 2023 & Cr.M.C. 4075 of 2022
Decided On : 21-08-2023
Settlement - Criminal Law - Section 308/341/506/34 of IPC - Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179; Gian Singh v. State of Punjab, (2012) 10 SCC 303
Fact of the Case:
The petitioner sought quashing of FIR No. 530/2018 under section 308/341/506/34 of IPC, which was registered based on allegations of a violent assault. The parties had amicably resolved their disputes and entered into a settlement agreement.
Finding of the Court:
The court found that the parties had settled all their disputes amicably and did not wish to pursue the complaint any further. It also noted that the nature of injuries and the private nature of the dispute favored quashing the FIR.
Issues: The main issue was whether the FIR should be quashed in light of the settlement between the parties and the nature of the injuries sustained.
Ratio Decidendi: The court relied on previous judgments to emphasize that if there is a trivial dispute between the parties and they have settled the matter amicably, it is desirable to put an end to the dispute. It also considered the nature of injuries and the private nature of the dispute in deciding to quash the FIR.
Final Decision: The court quashed the FIR No. 530/2018 under section 308/341/506/34 registered at PS Vasant Kunj and all other proceedings emanating therefrom, and disposed of the petitions.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 21637/2023 (Exemption) in CRL.M.C. 5742/2023
Exemption is allowed subject to all just exceptions.
CRL.M.C. 5742/2023 and CRL.M.C. 4075/2022
1. The present petitions have been filed under Section 482 Cr. PC seeking quashing of FIR No. 530/2018 under section 308/341/506/34 registered at PS Vasant Kunj.
2. Briefly stated, the present FIR was lodged by respondent No.2 alleging therein that he was doing the business of dairy farming and selling milk. On 09.10.2018, around 1:32 am, the complainant went to meet Piyush @ Maunki, a boy from his village at Hotel Blue Eyes Bar Pub near Paradise Hotel Mahipalpur, New Delhi. The complainant was talking with Piyush at the main gate of the club when a person in the name of Shiv Kumar who was the owner of the bar, came out and started abusing him and told him why he had come there. The complainant requested him not to abuse him as he had come to meet Piyush, then Shiv Kumar who is the owner of said club, whose name he came to know later on, suddenly attacked him on his head along with his associates whose names are Vicky and Vipin. Since the sudden attack upon him, the complainant had fallen down after that they along with other associates also attacked him again with a lathi and road. When the complainant tried to flee, they caught him and put off his clothes which had already been torn in the quarrel. They dragged the complainant on the road in the naked position and they continued beating him till he became unconscious due to which he sustained grievous and dangerous injuries on his body i.e. hands, legs, and chest He also alleged that some days back a quarrel also took place with the aforesaid persons on the same place but later same was compromised amicably. When he reached at Club at about 1:30 a.m., the club was open and the above persons attacked him with the plan and attempted to kill the complainant. Based on these complaints, the present FIR was registered and the matter is pending adjudication before the Learned MM, KKD Courts, Delhi.
3. Learned counsel for the petitioners submits that during the pendency of proceedings, the parties have amicably resolved all their disputes with the help and intervention of well-wishers and common friends vide settlement agreement dated 01.08.2023 on the following terms and conditions:
"1. It has been agreed between the parties that the first patty shall facilitate the second party in getting the FIR No. 530/2018 P.S. Vasant Kunj North U/s. 308/341/506/34 of IPC registered against second party quashed before the Hon'ble High Court of Delhi and the first party shall make statement and sign all the documents for no objection if the said FIR is quashed.
2. It has been agreed that the petition for quashing of FIR No.530/2018 shall be filed by the second party before the Hon'ble High Court of Delhi and the required affidavit/NOC and any other documents shall be signed by the first party prior to the next date of hearing i.e. 05.08.2023 in the case FIR No. 530/2018 pending before Ms Aparna Swami, ASJ, Patiala House Court, New Delhi and in the August, 2023 the second party shall get the FIR No. 530/2018 quashed and the first party shall appear before the Hon'ble High Court and make his statement with regard to his no objection if the FIR No.530/2018 is quashed against the second party.
3. The first and second party undertakes not to interfere in each other's life and all the grievances of the parties against each other have been settled/resolved amicably, therefore, both the parties do not want to proceed against each other in their respective cases/FIRs.
4. That the contents of this memorandum have been read over and explained to both the party in vernacular and after understanding the terms and conditions we have put our signature/thumb impression in the presence of witnesses.
5. Both the parties shall abide by the aforesaid terms and conditions and undertake to fulfill their part in true letter and spirit.
6.
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 can quash a case and related proceedings if the parties have amicably settled their disputes and it is in the interest of justice to do so.
Amicable settlement between parties and the complainant's statement expressing no objection to quashing the FIR can lead to the quashing of criminal proceedings.
The court emphasized the importance of amicably settling trivial disputes and considered the nature of injuries and circumstances in deciding to quash the FIRs.
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.
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....
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 ....
The court can quash non-compoundable offences after considering the nature of the offence, the gravity of the case, and the amicable settlement between the concerned parties.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
