Delhi High Court
Faizanuddin vs The State (Govt Of Nct Of Delhi) on 18 December, 2015
Author: Suresh Kait
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on:18th December, 2015
+ CRL.M.C. No.5153/2015
FAIZANUDDIN ..... Petitioner
Represented by: Mr. M.S. Hussain, Advocate
with Petitioner in person.
Versus
THE STATE (GOVT OF NCT OF DELHI) ..... Respondents
Represented by: Mr. Ravi Nayak,
Additional Public Prosecutor for
the State.with SI Gurjeet Singh,
Police Station Okhla Industrial
Area.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. By way of this petition filed under Section 482 of the Code of
Criminal Procedure, 1973, petitioner seeks quashing of FIR No.865/2015
registered at Police Station Okhla Industrial Area, New Delhi, for the
offence punishable under Section 325 IPC and the consequential
proceedings emanating therefrom against him.
2. Learned counsel appearing on behalf of the petitioner submits that
the aforesaid case was registered on the complaint of respondent No.2,
namely, Mr. Dharmraj Kumar Singh, as a scuffle took place due to some
misunderstanding, wherein respondent No. 2, received minor injuries.
The matter is pending investigation. Meanwhile, with the intervention of
the respectable members of the society, the petitioner and the respondent
No. 2 have amicably settled their disputes vide Memorandum of
Understanding (MoU) dated 11.12.2015 for a total sum of Rs.3,50,000/-
(Three Lacs Fifty Thousand), which has been paid to the respondent No.2
in Court by way of Demand Draft No.376369 dated 15.12.2015 drawn on
Canara Bank, Bhogal, New Delhi. Therefore, the respondent No.2 does
not want to pursue this case further against the petitioners.
3. Respondent No.2 is personally present in the Court and has been
duly identified by the Investigating Officer of the case. She submits that
on the date of the incident due to some misunderstanding a scuffle took
place in which he received injuries. Further submits that the matter has
been settled with the petitioner, thus, to maintain peace and harmony in
the family, he does not wish to pursue this case further against the
petitioners and has no objection if the present petition is allowed.
4. Learned Additional Public Prosecutor appearing on behalf of the
State submits that the case is at the initial stage of investigation as
chargesheet is not yet filed. He submits that since the parties have
amicably settled the matter and the respondents No.2/complainant does
not wish to pursue the case against the petitioner, therefore, looking to the
overall circumstances, no useful purpose will be served in continuing the
proceedings. Thus, the State has no objection if the present petition is
allowed.
5. Undisputedly, offence punishable under Section 325 IPC is
compoundable and matter is pending investigation with the police. As
such, parties invoked the jurisdiction of this Court under Section 482 Cr.
P.C., instead of moving before learned Trial Court for compounding the
matter.
6. Both the parties who are present in the Court today, approbate the
aforesaid settlement dated 11.12.2015 and undertake to remain bound by
the same.
7. In view of the above discussion, considering the settlement arrived
at between the parties and the statement of respondent No.2 and the
learned Additional Public Prosecutor for the State, I am of the considered
opinion that this matter deserves to be given a quietus as continuance of
proceedings arising out of the FIR in question would be an exercise in
futility.
8. Consequently, FIR No.865/2015 registered at Police Station Okhla
Industrial Area, New Delhi, for the offence punishable under Section 325
IPC and all proceedings emanating therefrom are hereby quashed qua the
petitioner.
9. In view of the above, the present petition is allowed with no order
as to costs.
SURESH KAIT
(JUDGE)
DECEMBER 18, 2015
sb
