Delhi High Court
Mohd. Ruban Pasha @ Rubain & Ors vs The State ( Govt Of Nct Delhi) & Anr on 8 February, 2016
#6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: February 08, 2016
+ W.P.(CRL) 300/2016 and Crl. MA No. 1581/2016 (Exemption)
MOHD. RUBAN PASHA @ RUBAIN & ORS ..... Petitioners
Through Mr. Naushad A. Khan, Advocate
along with petitioners
versus
THE STATE ( GOVT OF NCT DELHI) & ANR ..... Respondents
Through Ms. Nandita Rao, Addl. Standing
Counsel (Crl.) with Ms. Srilina Roy,
Advocate
SI Kishore Kumar, P.S. Govind Puri
Mr. Shadab Mohd. Adv. for R-2 along
with R-2/complainant
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. 1515/2015, under Sections 324/34 IPC registered at
Police Station- Govind Puri, Delhi and the proceedings arising therefrom.
2. The subject FIR came to be registered against the petitioners on an
allegation made by Paritosh Arya, respondent no.2/complainant herein
alleging that the petitioners had assaulted him, as a consequence of which he
suffered injuries. It is an admitted position that the injuries suffered by
Paritosh Arya, respondent no.2/complainant herein are simple and he has
since been discharged from the concerned hospital 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 Settlement Deed dated 8th December, 2015. The salient terms and
conditions of the afore-stated settlement are as follows:-
"1. Party no. 1 and party no. 2 are residents of the same
locality and are well known to each other and they
frequently met each other and both the parties are of
similar age.
2. On 30.11.2015 at about 9.30 p.m. party no. 2 had
suddenly attacked upon party no. 1.
3. Party no. 1 got treated in Majidia Hospital and Rubain
of party no. 2 who sustained injury and was treated in
a private hospital.
4. Party no. 1 got registered a case bearing no.
1515/2015 under Section 324/34 IPC against the
parties no. 2 at Govindpuri Police Station.
5. A talk for settlement between parents of both the
families i.e. party no. 1 and party no. 2 were held
without any pressure, inducements, coercion and fear
and make them understood and looking into their
future and social brotherhood both parties were forced
to meet each other and they talk to each other and
both parties have decided to settle their disputes.
6. This settlement is entered between both the parties
without any pressure and in full senses that we party
no. 1 and party no. 2 will not fight in future and will
live cordially and peacefully. Party no. 1 will not
pursue the case registered under FIR No. 1515/2015
and party no. 2 will take appropriate steps to quash the
above mentioned case."
4. The respondent no.2/complainant- Paritosh Arya, who is present in
Court today and has been identified by the Investigating Officer in the
subject FIR namely SI Kishore Kumar, Police Station- Govind Puri, Delhi,
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. 1515/2015, under Sections 324/34 IPC registered
at Police Station- Govind Puri, Delhi and the proceedings arising therefrom
are hereby set aside and quashed qua all the petitioners subject to their
maintaining peace and observing good behaviour and conduct for a period of
one year from today.
7. With the above directions, the present writ petition is allowed and
disposed of accordingly. Pending application also stands disposed of.
SIDDHARTH MRIDUL, J
FEBRUARY 08, 2016
SD
