Delhi High Court
Gullu & Anr vs State ( Govt Of Nct Of Delhi) & Ors on 15 December, 2015
Author: Siddharth Mridul
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 15th December, 2015
W.P.(CRL) 2950/2015 & CRL.M.A. 18289/2015
GULLU & ANR ..... Petitioners
Through: Mr Dilip Singh, Ms Neha Tandon
Mr Sandeep Kumar and Ms Suman,
Advocates.
versus
STATE ( GOVT OF NCT OF DELHI) & ORS ..... Respondents
Through: Ms Kamna Vohra, Addl. Standing
Counsel (Crl.) with SI Babu Lal, PS-
R.K.Puram.
Mr R.K.Upadhyay, Advocate for R-2
to R-5.
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is a petition under Article 226 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure, 1973 seeking
quashing of FIR No.103/2015 under Sections 308/34 IPC registered at Police
Station- R.K.Puram South District and the proceedings arising therefrom.
2. The present FIR is the consequence of an altercation between Mohd.
Mubarak, the complainant, on the one hand and Gullu and Rehana, the
petitioners herein, on the other. The parties are stated to be members of the
same extended family and live in close proximity to each other. The
altercation between the parties is stated to be on the spur of the moment and
without any pre-meditation.
3. The parties who are present in person, state that with the aid and
advice of elders in the family and neighbours they have arrived at an
amicable resolution of the misunderstanding that led to the altercation and
the registration of the subject FIR. The terms and conditions of the said
settlement are encapsulated in a Compromise/Settlement Deed dated
21.11.2015 a copy of which is annexed to the present petition at pages 44 to
47. The salient terms of the said Compromise/Settlement Deed dated
21.11.2015 are as follows:-
"1. That the FIR No.103/2015 dated 07.02.2015
was registered against the First party at the instance
of the Second Party at police station R.K.Puram,
New Delhi u/s 308/34 IPC. However, the cross FIR
bearing No.104/2015 u/s 308/34 dated 07.02.2015
was registered at the instance of the first party
against the second party. In view of removal of
differences as arose due to the FIRs between both
the parties arrived at this settlement and finally got
decision to cooperate to each other if the proceeding
of quashing of both the FIR before the concerned
Ld. Court therefore, this compromise deed dated
31.10.2015.
2. That the both parties have amicably settled
their grievance with each other while executing this
settlement deed without any fear, force, pressure or
undue influence whatsoever thereby both the parties
to this compromise deed voluntarily states that they
have no objection if the criminal proceeding
initiated against to each other against the aforesaid
FIRs and consequent proceedings emanating there
upon are quashed by the Hon'ble High Court of
Delhi. Both the parties to the aforesaid FIRs/this
compromise deed shall be readily available to make
appropriate affirmative statement in their respective
part before the Hon'ble High Court of Delhi as and
when required both the parties to this compromised
were also executed their respective affidavits I their
support of the petition for quashing the FIR bearing
No.103/2015 dated 07.02.2015 and the cross FIR
No. 104/2015 dated 07.02.2015 to each other,
which will be annexed with the quashing petition to
be filed by the petitioners at the earliest. Both the
parties to this settlement have also agreed amicably
for not creating any kinds of the nuisance in future
and they have maintained peace and abide with law.
This settlement deed has been executed between the
parties without any fear, undue, pressure, coercion
and influences with their free will, wishes and
consent."
4. The injuries suffered on behalf of the complainant were diagnosed by
the doctor concerned as being simple injuries.
5. In view of the foregoing, the complainant, who is present in person
and has been identified by SI Babu Lal, PS- R.K.Puram, Delhi, states that in
view of the amicable resolution arrived at between the parties he is no longer
keen to proceed with the subject FIR and the proceedings arising therefrom.
6. Since the dispute that arose out of the altercation between members of
the same extended family and the same has been settled without any undue
influence, pressure or coercion by and between them amicably, no useful
purpose will be served by proceeding with the subject FIR.
7. Resultantly, FIR No.103/2015 under Sections 308/34 IPC registered at
Police Station- R.K.Puram South District and the proceedings arising
therefrom. are hereby set aside and quashed qua the petitioners subject to the
condition that the petitioners shall maintain a good behaviour for one year.
8. With the above directions the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
DECEMBER 15, 2015
mk
