Delhi High Court
Vishal @ Nanu & Ors vs State ( Nct Of Delhi) & Ors on 4 February, 2016
#9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: February 04, 2015
+ W.P.(CRL) 252/2016
VISHAL @ NANU & ORS .... Petitioners
Through Ms. Puja Srivastava, Advocate
versus
STATE ( NCT OF DELHI) & ORS ..... Respondents
Through Mr. Rajesh Mahajan, Addl. Standing
Counsel (Crl.) with Ms. Parul Jamwal,
Advocate
ASI Shiv Murti, PS Kalyan Puri
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. 1120/2015, under Sections 323/308/34 IPC registered at
Police Station- Kalyan Puri, Delhi and the proceedings arising therefrom.
2. The subject FIR came to be registered against the petitioners on a
complaint instituted by Sonu Gupta, respondent no. 3/complainant herein
alleging that the former had assaulted the latter with an iron rod as well as
Ravi Singh- respondent no. 4 herein with a danda on the 29th November,
2015 at about 12.30 P.M. It is an admitted position that the injuries suffered
by Sonu Gupta, respondent no.3/complainant and Ravi Singh, respondent no.
4 herein are simple and they have since been discharged from the Lal
Bahadur Shastri Hospital, Khichripur, Delhi-91 on the same day.
3. Counsel for the parties state that with the aid and intervention of the
well-wishers of the parties, the dispute that led to the institution of the
subject FIR has been settled amicably by and between the parties by way of
a Compromise cum Settlement Deed dated 7th January, 2016. The salient
terms and conditions of the afore-stated settlement are as follows:-
"i) First Party lodged an FIR No. 1120/2015, U/s
323/308/34 IPC registered at P.S.-Kalyan Puri, Delhi
against the Second Party which is private in nature
and they have resolved their disputes related to said
F.I.R. amicably without any coercion and undue
influence and also agreed to file petition before the
Hon'ble Court for quashing the said FIR.
ii) Both the parties do not want to pursue any civil or
criminal complaint against each other which arose due
to any act done by any party till date.
iii) First Party also undertake not to file any present or
future claim in regard to the aforesaid FIR No.
1120/2015, U/s 323/308/34 IPC registered at P.S.-
Kalyan Puri, Delhi.
(iv) It is agreed between both the parties that no other
dispute has been left between them in regard the
aforesaid FIR."
4. The injured- Sonu Gupta and Ravi Singh, who are present in Court
today and have been identified by the Investigating Officer in the subject
FIR namely ASI Shiv Murti, Police Station- Kalyan Puri, state that they
have been reimbursed the medical expenses incurred by them as a
consequence of the injuries that led to the registration of the subject FIR.
Sonu Gupta, the complainant herein further states that in view of the
amicable resolution of the dispute as afore-stated, he is no longer keen to
proceed with the subject FIR and the proceedings emanating therefrom.
5. In the present case, it is observed that the offences in the subject FIR
do not fall within the exempted categories of serious/heinous offences which
ought not to be quashed on the ground of an amicable resolution of the
disputes. [Ref. Gian Singh vs. State of Punjab and Anr. reported as (2012)
10 SCC 303]. The offences alleged to have been committed in the subject
FIR are private in nature and do not have a serious impact on society.
However, the accused in the subject FIR are warned to mend their behaviour
and conduct themselves in a civilized manner for a period of one year from
today failing which the quashing of subject FIR may be re-considered.
6. Resultantly, FIR No. 1120/2015, under Sections 323/308/34 IPC
registered at Police Station- Kalyan Puri, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua all the petitioners subject to
their maintaining good behaviour for a period of one year from today and
further, subject to their depositing a sum of Rs. 5,000/- each with the
Victims' Compensation Fund within a period of two weeks from today. A
copy of the receipt thereof shall be provided to the Investigating Officer in
the subject FIR.
7. With the above directions, the present writ petition is allowed and
disposed of accordingly.
SIDDHARTH MRIDUL, J
FEBRUARY 04, 2015
SD
