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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Vinod Kumar Paswan alias Chirri - Appellant
Versus
State (Govt. of NCT of Delhi) - Respondent
Crl.M.C. 1405 of 2021 & Crl.M.As. 8901-02 of 2021
Decided On : 04-06-2021




A quashing of FIR is permissible when parties have amicably resolved their dispute, promoting justice and restoring harmony.

Headnote:(A) Indian Penal Code, 1860 - Sections 323, 307, 341, 34 - Quashing of FIR sought for a case involving an amicable settlement between the parties - The matter was resolved with the intervention of local residents and a Memorandum of Understanding dated 31.05.2021 confirmed the same. The complainant no longer wishes to pursue the case. (Paras 1, 6, 9)

(B) The court found that to restore cordiality between the neighbors, allowing the petition to quash the FIR would serve the interest of justice. (Paras 9, 10)

Facts of the case:
An altercation occurred on 04.02.2021 leading to the filing of FIR No. 57/2021 by the complainant against the petitioners, who are neighbors. It has been acknowledged by the father of the complainant that the dispute was resolved amicably.

Findings of Court:
The FIR and any consequential proceedings were quashed to promote harmony between the parties involved.

Issues: The court addressed whether the amicable resolution of the parties was sufficient for quashing the FIR and proceedings.

Ratio Decidendi: The court held that in circumstances of an amicable binding resolution, the quashing of the FIR is warranted to further justice and restore neighborly relationships.

Result: Petition allowed.

JUDGMENT (Oral)

The hearing has been conducted through video conferencing.

1. Vide this petition, quashing of FIR No. 57/2021, under Sections 323/307/341/34 IPC, registered at police station Ashok Vihar, Delhi is sought by petitioners.

2. Notice issued.

3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for respondent No.1/State accepts notice and submits that respondents No.2 is a minor and is represented through his father and respondent No.3 is the brother of respondent No.2. They are present through video conferencing and have been identified by the Investigating Officer of this case, who is also present through video conferencing.

4. With the consent of learned counsel for the parties, the present petition is taken up for final hearing and disposal.

5. On 04.02.2021 an altercation took place between the parties, which culminated into registration of FIR in question by respondent No.2. Both the parties are said to be residing in the same locality.

6. The present petition has been filed on the ground that with the intervention of residents of local persons, the parties have amicably resolved their dispute. It is stated that the parties have resolved their dispute in terms of Memorandum of Understanding dated 31.05.2021 and therefore, the FIR in question and proceedings arising therefrom be quashed against the petitioners.

7. The present petition has been filed on the ground that matter has been amicably resolved between the parties and the complainant does not wish to pursue the case against the petitioners. This Court is informed by learned Additional Public Prosecutor for State that charge sheet in this FIR case has been filed but charges are yet to be framed.

8. Mr. Ganesh Soni, who is father of respondent No.2/complainant and respondent No.3, submits that the subject matter of dispute has been amicably resolved and now no grievance against petitioners survives and so, the proceedings arising out of FIR in question be brought to an end. He has affirmed the contents of his affidavit dated 01.06.2021 placed on record in support of this petition.

9. In view of the fact that since petitioners and respondents are living in the same locality and they have entered into an amicable settlement, I find that to enable them to restore cordiality and harmony, it would be in the interest of justice if this petition is allowed.

10. For the reasons afore-noted, FIR No. 57/2021, under Sections 323/307/341/34 IPC, registered at police station Ashok Vihar, Delhi and consequent proceedings emanating therefrom are hereby quashed.

11. The petition and pending applications are accordingly disposed of.

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