Delhi High Court
Monu @ Monu Singh & Anr. vs State (Govt Of Nct Of Delhi) & Ors. on 8 February, 2016
#35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 08th February, 2016
+ W.P.(CRL) 411/2016
MONU @ MONU SINGH & ANR. ..... Petitioners
Through: Mr. Ranvir Singh, Adv.
versus
STATE (GOVT OF NCT OF DELHI) & ORS. ..... Respondents
Through: Mr. Jamal Akhtar, Adv. for Mr. Rahul
Mehra, Standing Counsel (Crl.) for
State.
ASI Yashpal, PS Krishna Nagar.
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. 533/2014 under Sections 308/341/34IPC registered at
Police Station-Krishna Nagar, Delhi and the proceedings arising therefrom.
2. The subject FIR came to be registered on an allegation by Mr. Umesh
Jain, the respondent No. 2/complainant herein, to the effect that he was
assaulted by his neighbours namely, Mr. Monu @ Monu Singh and Mr.
Nanu @ Nitesh, the petitioners herein over a trivial dispute. The complainant
who is present in person and has been identified by the IO in the subject FIR
namely, ASI Yashpal, Police Station-Krishna Nagar states that he as well as
his friend Deepak who were assaulted by the petitioners, have entered into an
amicable settlement which is enshrined in a deed dated 15 th January, 2016.
The salient terms and conditions of the said deed are as follows:-
"1. That on dated 01.08.2014 the quarrel had taken place
between the parties of compromise on some petty issues,
resultantly a criminal case vide FIR No - 0533/2014 u/s
308, 341/34 IPC was registered against the Ist party at the
instance of the IInd party at P.S. Krishna Nagar, Delhi on
dated 04.08.2014. The Ist party was admitted to bail by the
Hon'ble court concerned.
2. That now both the parties being neighbours & friends
with each other have amicably settled the matter with the
intervention of their relatives, well wishers & respected
persons of society with their free will & consent, without
any pressure, undue influence, threats, promise,
compulsion or coercion & with their sound state &
disposing mind.
3. That now nothing remains in dispute between both
parties regarding the said case, since the parties have
removed their all kind of disputes through the said
compromise.
4. That it has been agreed between both the parties that the
Ist party will pay Rs 20,000/- to the IInd Party towards the
expenses over the treatment of injuries & the IInd party
will corporate the Ist party to quash the FIR & emanating
proceedings therefrom if any before the Hon'ble High
Court of Delhi. In terms of the said settlement the IInd
party has already received the aforesaid settlement amount
from the IInd party.
5. That it has been settled between the parties that they
will maintain the peace & harmony & will be more
cautious in future towards the respect of each other in
future & they will not create any kind of unnecessary
problems to each other of their families."
4. The complainant as well as his friend Mr. Deepak @ Deepak Gola
who is incidentally also a business partner of Mr. Monu @ Monu Singh, the
petitioner No. 1 herein states that in pursuance of the said settlement a sum
of Rs. 20,000/- has been received by them. The petitioners who are present
in person state that they undertake to maintain peace and harmony and
observe good conduct as a mark of expressing their remorse over the
incident that led to the registration of the subject FIR.
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.
6. In view of the foregoing since the disputes that led to the registration
of the subject FIR has been resolved amicably between the parties, no useful
purpose would be served by proceeding with the present FIR.
7. Resultantly, the FIR No. 533/2014 under Sections 308/341/34IPC
registered at Police Station-Krishna Nagar, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua all the petitioners subject to
petitioners depositing a sum of Rs. 10,000/- each with the Victims'
Compensation Fund within a period of two weeks from today and subject to
the condition of their maintaining good conduct for a period of one year
from today. A copy of the receipt thereof shall be provided to the
Investigating Officer in the subject FIR.
8. With the above said directions, the writ petition is allowed and
disposed of accordingly.
SIDDHARTH MRIDUL, J
FEBRUARY 08, 2016/sr
