$~61 & 62

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CRL.M.C. 2664/2022

61 SMT HARMEET KAUR AND ANR

..... Petitioners

Through:

Ms. Goldy Goyal and Mr. Harsh

Gupta, Advs.

versus

THE STATE GOVT OF NCT OF DELHI AND ANR

..... Respondents

Through:

Mr. Hemant Mehla, APP for State

and ASI Mushtaq Masih, PS Khyala

Delhi.

Mr. Yogendra Kumar Verma and Ms.

Jyoti Verma, Advs. for R-2.

+

CRL.M.C. 2671/2022

62 SMT KOSHALYA DEVI AND ORS

..... Petitioners

Through:

Mr. Yogendra Kumar Verma and Ms.

Jyoti Verma, Advs. with petitioners

versus

THE STATE GOVT OF NCT OF DELHI AND ANR

..... Respondents

Through:

Mr. Hemant Mehla, APP for State

and ASI Mushtaq Masih, PS Khyala

Delhi.

Ms. Goldy Goyal and Mr. Harsh

Gupta, Advs. for R-2.

%

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

Digitally Signed By:RAJ

BALA

Signing Date:01.06.2023

10:23:56

Signature Not Verified

J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

CRL.M.A. 15021/2023 in CRL.M.C. 2664/2022

Exemption allowed subject to just exceptions.

CRL.M.A. 15020/2023 in CRL.M.C. 2664/2022

CRL.M.A. 14940/2023 in CRL.M.C. 2671/2022

1. Learned counsel for the parties submit that the order dated 27.04.2023

seems to have been passed inadvertently.

2. Learned counsel for the petitioner submits that in fact the quashing

petitions were filed on the basis of settlement.

3. Both the counsels state at bar that no such statement for withdrawal

was made.

4. In view of the submissions made by the learned counsels at the bar,

the petitions are restored to its original number.

5. Both the applications stand disposed of.

CRL.M.C. 2664/2022

CRL.M.C. 2671/2022

6. Present Petitions have been filed under section 482 Cr.P.C seeking

quashing of FIR no. 529/2021 dated 15.06.2021 registered under sections

323/451/354/354B/34 IPC at PS Khayala and FIR no. 528/2021 dated

15.06.2021 registered under sections 323/354/354A/354B/506/509/34 IPC at

PS Khayala.

7. Briefly stated facts of the case are that The FIR No. 529/2021 under

Sections 323/451/354/354(B)/34 IPC registered at PS Khyala was registered

Digitally Signed By:RAJ

BALA

Signing Date:01.06.2023

10:23:56

Signature Not Verified

on the statement of respondent no.2 in CRL.M.C. 2664/2022 and FIR No.

528/2021 under Sections 323/354/354(A)/354(B)/506/509/34 IPC registered

at PS Khayala on the statement of respondent no.2 in CRL.M.C. 2671/2022.

the present FIRs were an outcome of a landlord-tenant dispute which has

now been amicably settled.

8. The parties are present and submit that they have settled the disputes

between themselves amicably out of their own free will without any fear,

force or coercion.

9. It is further submitted that in fact the compromise deed has already

been executed on 02.03.2022.

10. The terms of the Compromise Deed/Settlement Agreement are as

follows :

Digitally Signed By:RAJ

BALA

Signing Date:01.06.2023

10:23:56

Signature Not Verified

the First Party and the Second Party.”

11. In pursuance to the Settlement Agreement a DD No. 801825 dated

13.03.2023 in the name of Pritam for a sum of Rs. 3,00,000/- (Rupees Three

Lacs only) drawn from Kotak Mahindra Bank has been handed over today.

12. It is time and again reiterated by the Apex court and this court that

where the dispute is predominantly private in nature and do not have a

serious impact on the society and where the court may be of the opinion that

Digitally Signed By:RAJ

BALA

Signing Date:01.06.2023

10:23:56

Signature Not Verified

a settlement between the parties would lead to better relations between them,

the court may exercise power under section 482 CrPC for quashing the

proceedings or the complaint or the FIR as the case may be.

13. Taking into account the facts and circumstances of the case I consider

that there would be no purpose of continuing with the proceedings. The

parties have reached at an amicable settlement. In view of the facts and

circumstances the case FIR