Delhi High Court
Girdhari & Anr vs State & Anr on 23 December, 2015
#10
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 23.12.2015
W.P.(CRL) 2999/2015
GIRDHARI & ANR ..... Petitioners
Through: Mr. Anuj Kumar Ranjan, Advocate
versus
STATE & ANR ..... Respondents
Through: Mr. Rajesh Mahajan, ASC (Criminal)
with SI Prem Pal, Police Station-
Khajuri Khas for R-1
Amit Kumar, Respondent No.2 in
person
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.18473/2015 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 2999/2015
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 (Cr.P.C.)
seeking quashing of FIR No.1143/2014, under Sections 323/341/452/34 IPC,
registered at Police Station- Khajuri Khas and the proceedings arising
therefrom.
2. The facts in brief are that the subject FIR came to be registered on an
allegation of Amit Kumar, the complainant (respondent No.2), that the
petitioner had entered into his house without permission and roughed him
up. It is an admitted position that the complainant suffered only simple
injuries.
3. Amit Kumar, who is present in person and has been identified by the
IO in the subject FIR namely, SI Prem Pal, Police Station- Khajuri Khas
states that with the aid and assistance of elders in the family and neighbours,
they have arrived at an amicable out of court resolution of the
misunderstanding that led to the registration of the subject FIR. The
settlement dated 18.11.2015 is annexed to this petition as Annexure - B.
The salient terms of the aforesaid settlement are as follows:-
"Compromise Deed
This deed of compromise is executed on this 18th
November, 2015 between Amit Kumar S/o Late Sh.
Ashok Kumar R/o E-195, Gali No.10, Khajuri Khas, Near
Jain Dharamshala, Delhi (hereinafter called the first
party).
AND
(1) Sh. Girdhari S/o Late Sh. Madan Lal
(2) Sh. Harish S/o Late Sh. Madan Lal
Both R/o E-202, Gali No.10, Khajuri Khas,
Delhi (hereinafter called the second party)
Whereas the first party got registered a case FIR
No.1143/2014, U/s 323/341/452/34 IPC dated 25.10.2014
with P.S. Khajuri Khas, Delhi against the second party.
AND WHEREAS due to the intervention of
respectable persons, mutual friends and well wishers, both
the parties have amicably settled/compromised their all
disputes related to the above said FIR as per the
settlement, both the parties shall not claim anything from
each other with regard to the above said FIR.
AND WHEREAS, the first party undertake to
cooperate the second party in getting quashed the above
said FIR before the Hon'ble High Court of Delhi, New
Delhi.
That now both the parties with the intervention of
some common friends resolved all the disputes between
each other amicably with mutual consent without any
pressure, undue influence from any side upon the parties.
That now nothing is remaining left upon each
other, the parties and all the enmities differences between
the parties regarding all the points discusses in the FIR
registered by the first party on 25.10.2014 against the
second party at P.S. Khajuri Khas, Delhi.
Whereas both the parties are bound by the terms
and conditions of this compromise deed.
And whereas the above compromise between the
parties has been made out of their independent free will
and without any pressure, force, fraud, coercion or undue
influence from either side or by any third person.
And whereas the first party and the second party
have put their respective hands into this deed after having
fully understood the contents herein which have fully been
read over and explained to them in vernacular in the
presence of the family members and witnesses and the
same shall be binding upon both the parties."
4. Amit Kumar, states that in view of the foregoing, he is no longer keen
to prosecute the subject FIR and the proceedings arising therefrom.
5. The present case does not fall within the category exempted from
quashing in terms of the decision of the Supreme Court in Gian Singh vs.
State of Punjab and Anr. reported as (2012) 10 SCC 303, since it does not
affect the general public at large and it is a private affair.
6. Resultantly, FIR No.1143/2014, under Sections 323/341/452/34 IPC,
registered at Police Station- Khajuri Khas and the proceedings arising
therefrom are hereby set aside and quashed qua the petitioners subject to
their depositing a sum of Rs.5,000/- each with the PMO National Defence
Fund within a period of two weeks from today. A copy of the receipt thereof
shall be furnished to the Investigating Officer in the subject FIR namely SI
Prem Pal, Police Station- Khajuri Khas, Delhi.
7. The writ petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
DECEMBER 23, 2015
dn
