Delhi High Court
Vijay Kumar Gupta & Ors. vs State Of Nct Of Delhi & Ors. on 24 September, 2018
$~99
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 24.09.2018
+ CRL.M.C. 4881/2018
VIJAY KUMAR GUPTA & ORS. ..... Petitioners
versus
STATE OF NCT OF DELHI & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Alok B. with Mr. Uday Singh, Advocates.
For the Respondents : Mr. Panna Lal Sharma, APP for the State.
Mr. Rishi Bhardwaj, Advocate for respondent Nos.2
to 4.
SI Sunil Kumar, PS Govind Puri.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
24.09.2018
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioners seek quashing of FIR No.168/2017 under
Sections 323/324/308/34 IPC, Police Station Govind Puri, based on a
settlement.
2. Learned counsel for the petitioners prays for an exemption for
personal appearance of petitioner No.3 on the ground that he has
suffered a fracture. Petitioner No.3 has filed an affidavit in support of
the petition.
3. In view of the above, the petitioner No.3 is granted exemption
from personal appearance.
4. The parties are neighbours and the subject FIR was registered
consequent to a quarrel that took place between the parties. Cross-
FIRs to the subject FIR were registered against the complainants and
others being FIR No.190/2017 under Section 341/324/506/34 IPC and
FIR No.517/2017 under Sections 323/341/506/34 IPC, Police Station
Govind Puri.
5. Learned counsel for the parties submit that with the intervention
of family, friends and neighbours, parties have settled all their
disputes in respect of all the three FIRs and a Compromise Deed dated
19.09.2018 has been executed.
6. The complainants of FIR No.190/2017 and FIR No.517/2017
i.e. Mr. Sachin Gupta and Mr. Saddam Hussain are present in Court in
person. They undertake that they shall abide by the settlement
agreement and are agreeable to the compounding of the offence in the
subject FIRs. The undertaking is accepted.
7. The parties are present in person, represented by counsel and
are identified by the Investigating Officer. They submit that they have
settled all their inter se disputes and executed the compromise deed
dated 19.09.2018. They further undertake to abide by all the terms and
conditions of the compromise deed and submit that in lieu thereof no
disputes are surviving.
8. In view of the fact that the parties have resolved their disputes
and executed the compromise deed dated 19.09.2018, continuation of
criminal proceedings will be an exercise in futility and justice in the
case demands that the dispute between the parties is put to an end and
peace is restored; securing the ends of justice being the ultimate
guiding factor. It would be expedient to quash the subject FIR and the
consequent proceedings emanating there from.
9. In view of the above, the petition is allowed. FIR No.168/2017
under Sections 323/324/308/34 IPC, Police Station Govind Puri and
the consequent proceedings emanating there from are quashed.
10. Order Dasti under the signatures of the Court Master.
SEPTEMBER 24, 2018 SANJEEV SACHDEVA, J
st
