Delhi High Court
Varun vs The State Of Nct Delhi & Anr on 22 January, 2016
#47
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 22.01.2016
W.P.(CRL) 190/2016
VARUN ..... Petitioner
Through: Mr. Sunil Kumar, Advocate
Petitioner-in-person
versus
THE STATE OF NCT DELHI & ANR ..... Respondents
Through: Mr. Avi Singh, ASC (Criminal) with
SI Govind Singh, Police Station-
Uttam Nagar for R-1
Respondent No.2-in-person
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.1065/2015 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 190/2016 & CRL.M.A.1066/2015 (Stay)
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.1060/2015, under Sections 452/427/506/34 IPC,
registered at Police Station- Uttam Nagar, Delhi and the proceedings arising
therefrom.
2. The subject FIR came to be registered on a complaint instituted by
Dharambir Yadav s/o Mewa Ram Yadav, respondent No.2 herein, alleging
that Varun, the petitioner herein, along with four other boys came to his
office on 28.08.2015 at about 06.00 p.m. and broke the window pane of his
premises and thereafter ran away. It is also alleged that when Dharambir
Yadav and his companion, who were sitting in the said premises rushed out,
they saw the said boys running away on foot while threatening the former to
the effect that they will kill him.
3. It was asserted on behalf of the petitioner herein in response thereto
that he has been falsely and maliciously implicated in the subject FIR at the
instance of a local resident, owing to commercial rivalry. Dharambir Yadav,
who is present in Court and has been identified by the IO in the subject FIR
namely, SI Govind Singh, Police Station- Uttam Nagar as well as his
counsel, states that with the intervention of respectable members of the
community, the misunderstanding that led to the registration of the subject
FIR has been amicably resolved. In this behalf, attention of this Court is
drawn to a Memorandum of Understanding dated 07.12.2015, entered into
between the parties. The salient terms and conditions of the said
Memorandum of Understanding dated 07.12.2015 are as under:-
"1. That the first party has agreed to pay full and final a
lump-sum amount to second party for
damages/compensation caused due to the injury
occurred in the unfortunate incident in question, which
is agreed by both the parties and their respective
family members.
2. That the party of the first part has already made the
aforesaid full and final settlement amount to the
second party.
3. That the second party has agreed to execute a
supporting affidavit, whenever the first party will
prefer a petition before Hon'ble Delhi High Court
under Section 482 Cr.P.C. seeking quashing of the FIR
No.1060/15, U/s 452/427/506/34 IPC, lodged at Police
Station- Uttam Nagar, Delhi and of the entire
proceedings pursuant thereto.
4. That the second party has also agreed to appear before
Hon'ble Delhi High Court in person at all the dates of
hearing of the petition seeking quashing of the FIR in
question.
5. That the first party has a right to recover the settled
amount from the second party, if the second party will
not execute the require supporting affidavit and give
his identity proof with assurance to appear in the Court
for the quashing of the aforesaid FIR.
6. That the second party accepts the proposal of the first
party and agrees to take any further legal action against
the first party.
7. That both the parties had also agreed that after
execution of the present MOU no dispute grievances
has been survived and moreover both the parties shall
withdraw their respective complaints, allegations and
counter allegation, if alleged against each other or
pending with any authority the same shall be
considered as withdrawn.
8. That both the parties shall also undertake to each other
that in future no any or further litigation of any kind,
civil or criminal shall be initiated against each other
and their respective family members in respect of the
aforesaid incident dated 20.08.2015.
9. That both the parties to the present MOU also try their
level best to maintain the peaceful relationship and
even increase their relationship, keeping the
neighbourhood relationship more healthy and
supportive.
10. That both the parties shall also agreed and undertake to
each other that in case of any dispute, grievances,
claim of any kind against each other, both shall
brought the said facts in the knowledge of the elders of
their respective family members and try to resolve the
dispute in peaceful and amicably manner.
11. That both the parties to the present MOU has executed
the present deed of MOU today in the presence of
following witnesses and with their respective consent,
knowledge and permission and without any kind of
pressure, coercion, undue influence and
misrepresentation from any corner, but only out of
their free will.
12. That both the parties to the present MOU also agreed
and undertake with each other that they both shall duly
comply and abide with the present terms and
conditions duly settled vide present deed of
settlement."
4. A lump sum compensation in pursuance to the aforesaid
Memorandum of Understanding dated 07.12.2015 has already been received
by Dharambir Yadav, the complainant in the subject FIR. It has also been
agreed between the parties that they shall maintain peace and attempt to
ensure that no such incident occurs in the time to come.
5. Mr. Thakur, learned counsel appearing on behalf of the petitioner
states that the latter undertakes to maintain good behaviour in future and
expresses his remorse at his involvement in the commission of the alleged
offence.
6. In view of the foregoing, since the dispute that led to the registration
of the subject FIR has been resolved amicably without any undue influence,
pressure or coercion, no useful purpose will be served by proceeding with
the subject FIR and the proceedings arising therefrom.
7. Consequently, FIR No.1060/2015, under Sections 452/427/506/34
IPC, registered at Police Station- Uttam Nagar, Delhi and the proceedings
arising therefrom are hereby set aside and quashed qua the petitioner subject
to his depositing a sum of Rs.5,000/- (Rupees Five Thousand Only) with the
Victims' Compensation Fund within a period of two weeks from today. The
receipt of the said deposit shall be furnished to the concerned IO namely, SI
Govind Singh, Police Station- Uttam Nagar, Delhi.
8. The writ petition is disposed of accordingly. The pending application
also stands disposed of.
SIDDHARTH MRIDUL, J
JANUARY 22, 2016
dn
