Delhi High Court
Rajpal Sachdeva @ Raju & Anr. vs State & Ors. on 19 January, 2015
Author: Sunil Gaur
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: January 19, 2015
+ CRL.M.C. 199/2015 & Crl.M.A.826/2015
RAJPAL SACHDEVA @ RAJU & ANR ..... Petitioners
Through: Mr. R.P. Luthra and Mr. Shivansh
Singh, Advocates
versus
STATE & ORS .....Respondents
Through: Mr. Parveen Bhati, Additional
Public Prosecutor for respondent-
State with SI Shri Gopal
Respondent No.2 and 3 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Quashing of FIR No.54/2011, under Sections 308/34 of IPC
registered at police station Shakarpur, Delhi is sought on the basis of
Settlement/Compromise Deed of 26th December, 2014 (Annexure-E) and
on the ground that the misunderstanding which led to registration of the
FIR now stands cleared between the parties.
Notice.
Mr. Parveen Bhati, learned Additional Public Prosecutor for
respondent-State accepts notice and submits that respondents No.2 & 3,
present in the Court, are the complainant party of the FIR in question and
they have been identified to be so by SI Shri Gopal on the basis of
CRL.M.C. 199/2015 Page 1
identity proof produced by them.
Respondents No.2 & 3, present in the Court, submit that they had
received simple injuries in this incident, which is an outcome of
misunderstanding between the parties, and that they were discharged
from the hospital on the same day. Respondents No.2 and 3 submit that
all the disputes have been amicably resolved vide aforesaid
Settlement/Compromise Deed and the terms thereof have been fully acted
upon and the misunderstanding, which led to the incident in question,
now stands cleared between the parties, who are said to be neighbours.
Respondents No.2 & 3 affirm the contents of aforesaid
Settlement/Compromise Deed and of their affidavit of 14th January, 2015
supporting this petition and submits that now no dispute with petitioners
survives and so, to restore the cordiality amongst the parties, who are
neighbours, the proceedings arising out of the FIR in question be brought
to an end.
In „Gian Singh Vs. State of Punjab‟ (2012) 10 SCC 303 Apex
Court has recognized the need of amicable resolution of disputes in cases
like the instant one, by observing as under:-
"61. In other words, the High Court must consider
whether it would be unfair or contrary to the interest of justice
to continue with the criminal proceedings or continuation of
criminal proceedings would tantamount to abuse of process of
law despite settlement and compromise between the victim and
the wrongdoer and whether to secure the ends of justice, it is
appropriate that criminal case is put to an end and if the
answer to the above question(s) is in the affirmative, the High
Court shall be well within its jurisdiction to quash the criminal
proceedings."
CRL.M.C. 199/2015 Page 2
In the facts and circumstances of this case and in view of aforesaid
Settlement/Compromise Deed, I find that continuance of proceedings
arising out of the FIR in question would be an exercise in futility as the
misunderstanding, which led to registration of the FIR, now stands
cleared between the parties.
Accordingly, this petition is allowed subject to total cost of
`20,000/- to be deposited by petitioners with Prime Minister‟s Relief
Fund within two weeks from today. Upon placing on record the receipt of
cost, FIR No.54/2011, under Sections 308/34 of IPC registered at police
station Shakarpur, Delhi and the proceedings emanating therefrom shall
stand quashed qua petitioners.
This petition and the application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
JANUARY 19, 2015
s
CRL.M.C. 199/2015 Page 3
