Delhi High Court
Vishal Sagar vs Govt Of Nct Of Delhi & Anr on 11 March, 2016
30
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 11.03.2016
W.P.(CRL) 789/2016 & CRL.M.A. 4300/2016
VISHAL SAGAR ..... Petitioner
Through: Mr Gyan Mitra, Advocate.
versus
GOVT OF NCT OF DELHI & ANR ..... Respondents
Through: Mr Avi Singh, Addl. Standing
Counsel (Crl.) with Ms Megha Bahl,
Advocate.
SI Sanjay Kumar, PS- Madhu Vihar.
Mr F.Khan, Advocate for R-2 with
complainant in person.
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.98/2015, under Sections 279/509 IPC registered at
Police Station- Madhu Vihar, Delhi.
2. The subject FIR came to be registered against the petitioner on an
allegation made by the complainant/respondent No.2 herein that the
petitioner had misbehaved with her and used abusive language over a trivial
issue of incorrect parking of vehicle by the latter.
3. Counsel for the parties state that the dispute that led to the institution
of the subject FIR has been settled amicably by and between the parties by
way of a Memorandum of Understanding/Compromise Deed dated
04.02.2016. The salient terms and conditions of the afore-stated settlement
are as follows:-
"(a) That both parties agreed that the pending cases and
FIR against each other would be withdrawn
unequivocally, unconditionally without any demur.
(b) The First Party/petitioner shall prepare a quashing
petition for quashing the FIR No. 98/2015, U/s:-
279/509 I.P.C., P.S.:- Madhu Vihar and the
respondent shall co-operate to quash the said F.I.R.
(c) That both the parties further undertake not to file any
case/petition/complainant against each other in respect
of the aforesaid case in future.
(d) That the First party/petition also undertakes to
withdraw his said complaint on the date fixed i.e.
04.03.2016.
(e) That the present MOU has been arrived between the
parties to settle the matter amicably and by their own
free will, without any pressure, fear and coercion and
after fully understanding the implication having
arrived at this MOU. This MOU shall not be calling in
question in future on the ground that the parties were
not competent to enter into this MOU or were under
in any disability or on any other similar ground. Both
the parties bound with the terms and conditions of this
MOU."
4. The respondent no.2/complainant, who is present in court and has
been identified by the IO in the subject FIR, namely, SI Sanjay Kumar,
Police Station- Madhu Vihar, Delhi, unconditionally states that in view of
the memorandum of understanding entered into between her and the
petitioner the misunderstanding that led to the registration of the subject FIR
has been amicably resolved.
5. The present case does not fall within the category exempted from
quashing in terms of the decision of the Supreme Court in Gian Singh vs.
State of Punjab and Anr. reported as (2012) 10 SCC 303.
6. In view of the foregoing, since the dispute that led to the registration
of the subject FIR has been amicably resolved between the parties without
any undue influence, coercion or pressure, no useful purpose will be served
by proceeding with the subject FIR.
7. Resultantly, FIR No.98/2015, under Sections 279/509 IPC registered
at Police Station- Madhu Vihar, Delhi is hereby set aside and quashed qua
the petitioner subject to his depositing a sum of Rs.10,000/- with the
Victims' Compensation Fund within a period of two weeks from today and
an undertaking to maintain peace and good behaviour for a period of one
year. The receipt of the said deposit shall be furnished to the IO in the
subject FIR.
8. With the above directions the present writ petition is allowed and
disposed of accordingly.
SIDDHARTH MRIDUL, J
MARCH 11, 2016
mk
