Delhi High Court
Shyam Kishore Singh vs Govt. Of Nct Of Delhi & Ors. on 11 July, 2023
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4648/2023 & CRL.M.A. 17735/2023
SHYAM KISHORE SINGH ..... Petitioner
Through: Mr. Ajay Kumar, Adv.
versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Digam Singh Dagar, APP
% Date of Decision:11.07.2023.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.A. 17734/2023
Exemption allowed subject to just exceptions.
CRL.M.C. 4648/2023
1. The present petition has been filed seeking under section 482 Cr.P.C
seeking quashing of case FIR No. 128/2014 under Section 354/323
IPC registered at P.S. Yamuna Depot, district: Railway and Metro.
2. The briefly stated facts of the case are that a FIR was lodged on the
statement of Ms. Kanchan D/O Suresh Chand wherein she alleged
that while she and her sister were going home through metro and
while boarding the metro one boy started scuffling with them and also
started to pull their hair and collar. It is alleged that the petitioner also
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:14.07.2023
19:09:33
molested the respondent.
3. It has been stated that the charge-sheet has already been filed.
4. However, both the parties state that they have reached on a
settlement/Memo of understanding on 02.06.2023 with the following
terms and conditions:
"1. That on 19.07.2014, upon allegation of the first
parties an F.I.R. bearing no. 128/2014 with P.S: Yamuna
Depot, Dist.: Railway and Metro under section 354,
323IPC was registered against the second party. The trial
of the above numbered F.LR. is going on before the
Hon'ble Court of Ms.Shruti Chaudhary, M.M, East, Delhi
and Now the same is fixed for evidence of the first parties.
2. That by the intervention of the elders of the society and
also their kith and kin, all the parties has settled their all
disputes and the First parties willingly and without any
pressure, force and coercion of any nature have become
ready to withdraw all her allegations leveled against the
Second parties.
3. That without prejudice to the right, defense of the
second party before the Trial court and contention, the
second party has agreed to make a payment of Rs.
l,50,000/-(Rupees one lakh Fifty thousand only) to the
first parties in total and out of that Rs. 20,000/- (Rs.
Twenty thousand has been paid on 4th of July 2023 at the
time of signing the documents and rest of the money will
be paid before the Hon'ble High court.
4. That both the parties have entered into this Memo of
Understanding with their own choice and willingness.
The first parties and second party have appended their
signature and thumb impression herewith after
understanding draft of this MEMO OF
UNDERSTANDING/AGREEMENT in their vernacular
language. All the parties have consented herewith without
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:14.07.2023
19:09:33
force and coercion of any nature."
5. As per the terms of settlement a total sum of Rs. 1,50,000 has to
be paid to the respondent as full and final settlement of the case
has already been paid to the Respondent.
6. IO is present in the court today and has duly identified the parties.
7. The complainant and Ms. K. have also filed an affidavit which
states that they are making the statement voluntarily without any
fear, force or coercion. It is also stated that complainant has
entered into settlement amicably and does not want to continue
with the present petition and FIR No. 128/2014 under Section
354/323 IPC registered at P.S. Yamuna Depot, district: Railway
and Metro and proceeding emanating therefrom be quashed.
8. Section 482 Cr.P.C. pre-supposes three circumstances under
which the inherent jurisdiction may be exercised, i.e., (i) to give
effect to an order (ii) to prevent the abuse of the process of court
and (iii) to otherwise secure the ends of justice. The court while
exercising the power under Section 482 Cr.P.C. does not function
as a court of appeal or revision. The powers under Section 482
Cr.P.C., are of wide plenitude but have to be exercised sparingly
with caution and only in the event when aforesaid three conditions
are satisfied. The object behind the exercise of such power should
be to do real and substantial justice for the administration of which
the courts exist.
9. It has been repeatedly held by the Hon'ble Supreme Court and this
court that when the chances of an ultimate conviction are bleak
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Digitally Signed
By:PALLAVI VERMA
Signing Date:14.07.2023
19:09:33
and, therefore, no useful purpose is likely to be served by allowing
a criminal prosecution to continue, and where the court may be of
the opinion that a settlement between the parties would lead to
better relations between them, the court may exercise power under
section 482 CrPC for quashing the proceedings or the complaint
or the FIR as the case may be.
10. I consider that there would be no purpose of continuing with the
proceedings. The parties have amicable settled the matter. In the
view of the above stated facts and circumstances, FIR No.
128/2014 under Section 354/323 IPC registered at P.S. Yamuna
Depot, district: Railway and Metro and all the other proceeding
emanating therefrom are Quashed.
11. The present petition along with pending application stands
disposed of.
DINESH KUMAR SHARMA, J
JULY 11, 2023/AR
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:14.07.2023
19:09:33
