Vipin & Ors. vs Govt. Of Nct Of Delhi &Anr.;
2016 Latest Caselaw 694 Del

Citation : 2016 Latest Caselaw 694 Del
Judgement Date : 29 January, 2016

Delhi High Court

Vipin & Ors. vs Govt. Of Nct Of Delhi &Anr.; on 29 January, 2016

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         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                           Date of decision: 29th January, 2016

W.P.(CRL) 266/2016 & CRL.M.A. 1514/2016

VIPIN & ORS.                                                   ..... Petitioners

                            Through:      Mr Rohit Koshore, Advocate.



                            versus



GOVT. OF NCT OF DELHI &ANR.                                    ..... Respondents

Through: Mr Avi Singh, Addl. Standing Counsel (Crl.) with ASI Ram Avtar, PS- Begum Pur.

Mr M.K.Saroja, Advocate for R-2.

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.0900/2015 under Sections 308/34 IPC registered at

Police Station- Begum Pur, Delhi.

2. The subject FIR came to be registered as a consequence of a complaint

instituted by Sanjay Rana, the complainant/respondent No.2 herein, alleging

that Vipin, the petitioner No.1 and other petitioners herein, who live in the

same locality had thrown a brick at him as a consequence of which he

suffered grievous injury on the head.

3. Sanjay Rana, who is present in court states that he cannot be

absolutely certain that it was the petitioners who threw the brick causing him

injury, but had named them in view of the circumstance that they were in

close vicinity when he was injured by the brick. Sanjay Rana further states

that there is no previous enmity between him and the petitioners and that

therefore he cannot ascribe any motive to the latter for having thrown a brick

at him.

4. Counsel appearing on behalf of the parties state that with the

intervention of elders in the locality and friends, the parties to the subject

FIR, who are long time neighbours, have amicably resolved the

'misunderstanding'. The terms of the amicable resolution are encapsulated in

a compromise-cum-settlement deed dated 21.01.2015 which can be found at

page no.33 to 36 of the present writ petition. The salient terms of the

aforesaid compromise-cum-settlement deed dated 21.01.2015 are as

follows:-

"1. That in the light of this compromised deed the First Party will not pursue the criminal proceeding vide FIR bearing No.0900/2015 against the Second Party,

2. That both the parties have agreed that they shall not challenge the validity and legality of this compromise deed at any point of time and shall abide by the same.

3. That both the parties out of their free will and consent in their sound state of mind and in the presence of each other and witnesses are executing the present compromise deed after understanding the contents thereof in their vernacular language.

4. That it has made clear that the First Party will appear before the police station or before the court of law as and when required to effect the present comprise deed, moreover the First Party undertakes not to peruse the present FIR any more."

5. It is also candidly disclosed in court today that the petitioners herein

have reimbursed the medical expenses related to the injuries suffered by

Sanjay Rana.

6. Sanjay Rana, the complainant, who is present in person and has been

identified by the IO in the subject FIR, namely, ASI Ram Avtar, PS- Begum

Pur, as well as his counsel as above, states that in view of the aforesaid

compromise-cum-settlement deed dated 21.01.2015 he is no longer keen to

proceed with the subject FIR.

7. In view of the foregoing, since the dispute that led to the registration

of the subject FIR has been amicably resolved by and between the parties

without any undue influence, pressure or coercion, no useful purpose will be

served by proceeding with the subject FIR and the proceedings arising