Delhi High Court
Sagar Narula & Anr vs The State ( Nct Of Delhi) & Anr on 6 May, 2016
5
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 06.05.2016
W.P.(CRL) 1136/2016 & CRL.M.A. 5968/2016
SAGAR NARULA & ANR ..... Petitioners
Through: Mr Brijesh Sharma and Mr J.P.Singh,
Advocates.
versus
THE STATE ( NCT OF DELHI) & ANR ..... Respondents
Through: Mr R.S.Kundu, Addl. Standing
Counsel (Crl.) with Mr Ankit Gulia,
Advocate for State.
Mr Jaskaran Singh, Advocate for R-2.
ASI Anand Pal Singh, PS- Shalimar
Bagh.
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 (Cr.P.C.)
seeking quashing of FIR No.278/2016, under Sections 394/34 IPC,
registered at Police Station- Shalimar Bagh, Delhi.
2. Senseless violence and rage is becoming endemic in Delhi today.
3. The subject FIR is a result of a spontaneous scuffle over a trivial issue.
The petitioners are stated to have physically attacked the complainant by
giving him fist blows and kicks over a trifle issue.
4. The respondent no. 2/complainant herein, who is present in court
today and has been identified by the IO in the subject FIR, namely, ASI
Anand Pal Singh, Police Station- Shalimar Bagh, Delhi, states that the
misunderstanding that led to the registration of the subject FIR has since
been resolved amicably between the parties by way of Memorandum of
Settlement/Compromise dated 29.03.2016. The salient terms of the said
Memorandum of Settlement/Compromise dated 29.03.2016 are as follows:-
"1. That the "FIRST PARTY" demanded the total sum
of Rs.1,00,000/- (One Lac Only) as compensation
and for his whatsoever medical treatment, with
commitment to file joint application in the
concerned court to Quash the Fir and to resolve the
matter.
2. That the "SECOND PARTY" accepted the proposal
of "FIRST PARTY" and gave the sum of
Rs.50,000/- (Rs. Fifty Thousand Only) in cash to
"FIRST PARTY" on the spot on dt. 27.03.2016.
3. That the "FIRST PARTY" hereby acknowledged the
receipt of the said amount of Rs.50,000/- (Rs. Fifty
Thousand Only) in cash from the "SECOND
PARTY".
4. That the "FIRST PARTY" herby also admits and
declare that he has found his sum of Rs.42,000/-
along with Gold Chain as alleged by him in FIR,
from the spot of occurrence of incident with the
"SECOND PARTY", and hereinafter he shall never
demand the same from "SECOND PARTY" as the
same cash and Gold Chain is in his possession.
5. That on Dt. 29.03.2016 further a sum of Rs.25,000/-
(Rs. Twenty Five Thousand only) has been paid to
the "FIRST PARTY by the "SECOND PARTY" out
of total settled amount of Rs.one Lac as stated above
and the "FIRST PARTY" hereby also
acknowledged the receipt of the said amount of
Rs.25,000/- (Rs. Twenty Five Thousand only).
6. That it has been decided in between both the Parties
that the remaining balance of Rs.25,000/- (Rs.
Twenty Five Thousand only) shall be paid by the
"SECOND PARTY" to the "FIRST PARTY" at the
time of Quashing the FIR in the concerned court
after filing the joint petition by both the FIRST and
SECOND Parties within day or two.
7. That the "FIRST PARTY" hereby admits on oath
that hereinafter he shall never claim/make any
further complaint of the matter nor will pursue the
said FIR as after the intervention of common
respectable known person of the society, he without
any outside pressure, with his own wish and will in
well sound healthy state of mind has agreed for
compromise by virtue of this indenture and
hereinafter he shall never blame to anybody for his
such act of compromise in any way.
8. That the "FIRST PARTY" here by also declare that
after the instigation of some persons he had lodged
the FIR against the "SECOND PARTY".
5. The petitioners in the present petition are young adults and the subject
FIR has the potential to blight their fledgling careers.
6. The petitioners, who are also present in Court today, have expressed
deep remorse at the incident and assure this Court that there will not be a
repetition.
7. In view of the foregoing, since the dispute that led to the registration
of the subject FIR has been resolved amicably by and between the parties
without any undue influence, pressure or coercion, no useful purpose will be
served by proceeding with the subject FIR.
8. Resultantly, FIR No.278/2016, under Sections 394/34 IPC, registered
at Police Station- Shalimar Bagh, Delhi, is hereby set aside and quashed qua
the petitioners subject to their making themselves available for community
service at the Chhote Sahibjaade Gurudwara, Fateh Nagar, Delhi, on every
Saturday between 6.00 AM to 10.00 AM for four consecutive weeks. The
management of the concerned Gurudwara is requested to utilize the services
of the petitioners herein in any manner they deem fit for the said purpose.
The management is requested to furnish the IO in the subject FIR, with a
report qua the conduct and demeanour of the petitioners herein, at the expiry
of the aforesaid period of four weeks.
9. With the above directions, the present writ petition is allowed and
disposed of accordingly.
SIDDHARTH MRIDUL, J
MAY 06, 2016
mk
