Delhi High Court
Gita Devi & Ors vs State Nct Of Delhi & Anr on 3 May, 2016
29
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:03.05.2016
W.P.(CRL) 1354/2016 & CRL.M.A.7174/2016
GITA DEVI & ORS ..... Petitioners
Through: Mr K. Singhal, Advocate.
versus
STATE NCT OF DELHI & ANR ..... Respondents
Through: Mr R.S.Kundu, Addl. Standing
Counsel (Crl.) with Mr Ankit Gulia
and Mr Vishesh Wadhwa, Advocates.
Ms Jyoti Gupta, Advocate for R-2
with R-2 in person.
ASI Satyavir Singh, PS- Ambedkar
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(in short
CrPC') seeking quashing of FIR No.0389/2015 under Sections
323/34/427/451/506 IPC registered at Police Station- Ambedkar Nagar,
Delhi.
2. The subject FIR came to be registered on a complaint by Kavita , the
respondent No.2 herein, who was admittedly a tenant of the petitioner No.1
herein, alleging that the latter along with his immediate family members had
assaulted her on 14.04.2015 at her residence.
3. Kavita, who is present in person and has been identified by the IO in
the subject FIR, namely, Satyavir Singh, PS- Ambedkar Nagar, Delhi, states
that subsequent to the registration of the subject FIR she has entered into a
settlement/compromise with the petitioners resolving the underlying tenancy
dispute inter se. Kavita would, therefore, state that she is no longer keen to
prosecute the subject FIR and proceedings arising therefrom.
4. The afore-sated compromise has been encapsulated in a Memorandum
of Understanding dated 11.04.2016, a copy of which has been annexed to the
present petition at pages 36 to 38. The salient terms and conditions of the
Memorandum of Understanding dated 11.04.2016 are as follows:
"The present Agreement is entered on 11th Day of
April 2016 between:
Ms. Geeta W/o Shankar R/o E-397, Street No.76,
Mahavir Enclave, Part-III, New Delhi - 110059
(hereinafter shall be called 'First Party/Landlord' )
And
Mr. Aabu S/o Shishpal R/o Ground Floor, 14/409,
Dakshinipuri, Ambedkar Nagar, New Delhi & Ms.
kavita W/o Sh. Aabu R/o Ground Floor, 14/409,
Dakshinpuri, Ambedkar Nagar, New Delhi.
(hereinafter shall be called 'second party/Tenants')
Whereas the First Party is landlord of the property
bearing No. 14/409, Dakshinpuri, Ambedkar Nagar,
New Delhi and let out the Ground Floor of the said
property to the second party on 11th Dec. 2014 at the
monthly rental of Rs. 3200/- excluding the electric
and water charges.
Whereas after letting the above property to the
second party by the first party, certain disputes arose
in between them which resulted into multiple
litigations including Criminal cases between the
parties.
Whereas with the intervention of
relatives/acquaintances and friends, both the above
parties have entered into compromise to settled their
disputes finally. Both the parties have agreed to
enter into a written compromise/MoU to set terms
and conditions for resolving their disputes once and
finally.
Whereas the parties to this agreement, have agreed
to enter into present settlement/agreement on the
following terms and conditions which have been
understood by them clearly and both the parties have
accepted the terms and conditions, explained herein
above:
1. The Second Party shall vacate the premises
Ground Floor, 14/409, Dakshinpuri,
Ambedkar Nagar, New Delhi within a period
of next 5 days from the date of present
agreement i.e. latest by Sunday 17.04.2016
and hand over the vacant and peaceful
possession of above property to the First
party.
2. That the Second Party shall not make any
claim of any type whatsoever in the above
detailed property.
3. That the First Party shall not claim any
rent/maintenance/electric/water charges from
the Second Party qua the tenancy of above
detailed property, from the second party. The
Second Party shall also not take any claim of
any kind towards any losses at the hands of
the First Party.
4. That the First and Second Party have agreed
to withdraw the following cases from the
Hon'ble Courts and will take necessary steps
for the quashing of the cases wherein the
offences are non-compoundable. The details
of the cfases are as under:
I. FIR No.0155/16 U/s
323/354/509/506/34 of IPC P.S.
Ambedkar Nagar: Complainant - Ms.
Geeta. Accused: Kavita & Aabu.
II. FIR No. 389/2015 U/s
34/506/323/427/451 of IPC P.S.
Ambedkar Nagar: Complainant -
Kavita & Aabu. Accused: Geeta,
Shankar S/o Kajodmal, Banwari S/o
Bhambu Ram, Manoj R/o 14/401,
Dakshinpuri Extn., Ambedkar Nagar,
New Delhi & Rohit S/o Shri Darshan
R/o 14/399, Dakshinpuri Extn.
(Through the other accused persons are
not the party to the present
Compromise, however the Second
Party shall have no objection towards
the quashing/compounding of FIR qua
those accused persons as well).
III. Eviction Petition titled Geeta Devi Vs.
Kavita pending in the Court of sh.
Pawan Rajawat, Hon'ble ARC, Saket,
Delhi.
IV. Complaint Case filed by Ms. Geeta U/s
156(3) of Cr.P.C. against Ms. Kavita &
Mr. Aabu, presently pending in the
Court of Mr Gopal Singh, Ld. MM,
Saket.
5. That the First Party shall have no objection on
the bail application of the Second Party,
however if the second party failed to vacate
the property in the prescribed period, the First
Party shall be having every right to file
cancellation of bail.
6. That the First party and second party
undertake to abide by above terms and
conditions and also undertake to maintain the
peace in the locality as well as between them.
That the above agreement has been entered into
between the parties without any
force/pressure/coercion/threat or compulsion.
That both the parties have read and understood the
contents of the above agreement in the language
Hindi which they understand. The above agreement
has been explained in Hindi by the
Advocates/Counsel of both the parties.
5. Mr Singhal learned counsel appearing on behalf of the petitioners
submits that pursuant to the afore-stated amicable settlement, the possession
of the subject premises has already been received by them. The petitioners
have also agreed to cooperate in the quashing of a cross FIR registered at
their instance against Kavita, the respondent No.2 herein.
6. The compromise between the parties is lawful and is accepted leaving
the parties to abide by its terms without demur.
7. In view of the foregoing, no useful purpose will be served by
proceeding with the subject FIR. Resultantly, the FIR No.0389/2015 under
Sections 323/34/427/451/506 IPC registered at Police Station- Ambedkar
Nagar, Delhi, is hereby set aside and quashed qua the petitioners subject to
their depositing a sum of Rs.20,000/- in the aggregate with the Victims'
Compensation Fund within a period of four weeks from today. A copy of the
receipt thereof shall be provided to the Investigating Officer in the subject
FIR.
8. With the above directions the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MAY 03, 2016
mk
