Delhi High Court
Sukesh Bhatnagar & Ors. vs The State Nct Of Delhi & Anr. on 2 August, 2023
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3929/2022
SUKESH BHATNAGAR & ORS. ..... Petitioners
Through: Mr. Rajesh Kumar Singh and Mr.
Ram Mohan Singh, Advs.
versus
THE STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Digam Singh Dagar, APP for
State
% Date of Decision: 02.08.2023.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
1. The present petition has been filed under section 482 Cr.P.C seeking
quashing of case FIR No. 124/2017 dated 03.04.2017 under Sections
354/506/34 IPC registered at PS Amar Colony, New Delhi.
2. Facts, in brief, the present FIR was lodged on the statement of
respondent no.2 alleging that on 26.03.2017 at around 11.30 p.m., all
the accused persons in the present FIR forcibly trespassed the
respondent's house and began abusing and hitting the respondent's
husband, who had suffered from a brain clot at the time.
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:05.08.2023
16:21:41
3. However, now the parties submit that they have settled the matter
amicably vide Memo of Understanding dated 01.08.2022 on the
following terms and conditions:
"1. That the parties to this Memorandum of Settlement have
decided amicably that in future they will not make or create
any kind of problem for each other.
2. That both the parties have sorted out all their
issues/disputes without any force, undue influence, coercion
and threat. That there are no claims/disputes left between
the parties of any nature whatsoever, after signing this
Memorandum of Settlement.
3. That the second party through this Memorandum of
Settlement undertakes to cooperate for the quashing of the
F.I.R. No. 124 of 2017 dated 03.04.2017 under sections
354/506/34 IPC, P.S. Amar Colony, New Delhi, and the
proceedings arising out of the said FIR & the second party
also undertakes to give no objection before the Hon'ble
High Court at the time of the quashing of FIR No. 124 of
2017 dated 03.04.2017.
4. That after seeing the close family ties with the First Party,
the Second Party agreed to settle the present matter without
taking any money or anything from the First Party.
5. That after signing this Memorandum of Settlement both
the parties shall not file any kind of proceeding civil or
criminal, against each other and against their family
members or relatives, before any Court of law, police
authorities, or public authorities. That in case any criminal
complaint, notices, cases are pending which are or are not
in the knowledge of both the parties, then in that case same
will deemed to be considered as withdrawn and will not
have any legal effect, whatsoever.
6. That through this Memorandum of Settlement, the parties
undertake that they will not claim from each other after
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:05.08.2023
16:21:41
signing this Memorandum of Settlement.
7. That both the parties have agreed that they would not file
any claim against each other or any issue or any case civil
or criminal against each other and if any case is pending in
any court of law either in Delhi or elsewhere in India
between the same parties they will withdraw the same after
entering into this Memorandum of Settlement.
8. That the first party as well as second party bind
themselves to the terms and conditions of this Memorandum
of Settlement."
4. I have interacted with the complainant who is present through
VC and has duly been identified by the Investigating Officer. She
has stated that She has arrived at the compromise voluntarily, out
of her own free will, without any fear, force or coercion. Further,
she states that she has no objection if the present FIR and the
proceedings emanating therefrom are quashed.
5. The Investigating Officer states that there is no other case
pending against the parties. The Investigating Officer also states
that he has not received any other complaint against the parties.
6. The scope of powers conferred under Section 482 Cr.P.C. though
wide but has to be exercised with circumspection. Such power
has to be exercised in accord with the guidelines engrafted in
such power viz.: (i) to secure the ends of justice, or (ii) to prevent
abuse of the process of any court. In cases where the offences are
not compoundable in nature, the parties on account of an
amicable settlement may invoke the inherent power under
Section 482 Cr.P.C. for quashing the proceedings on the plea that
continuance thereof would merely be an abuse of process of law,
reliance has been placed upon Yashpal Chaudhrani and Others
vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine
Del 8179, Gian Singh v. State of Punjab, (2012) 10 SCC 303.
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:05.08.2023
16:21:41
7. In the present case, both parties are neighbours and live in the same
vicinity and have undertaken to maintain peace and harmony. In my
considered opinion, it is in the interest of social harmony that they are
given a chance to adhere to the settlement, which has been entered into
between the parties out of their own free will.
8. Taking into account the totality of facts and circumstances and the fact
that the parties are neighbours and have amicably decided to settle the
matter, the case FIR No. 124/2017 dated 03.04.2017 under Sections
354/506/34 IPC registered at PS Amar Colony, New Delhi.
9. However, the petitioners are directed to plant 300 saplings each in the
area to be identified by the IO and to this petitioner will also deposit a
cost of Rs. 10,000/- with the Delhi Legal Services Authority.
10. List for compliance on 08.11.2023.
DINESH KUMAR SHARMA, J
AUGUST 2, 2023/AR
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:05.08.2023
16:21:41
