Delhi High Court
Shri Narender Jha & Ors. vs State Of Nct Of Delhi & Ors. on 24 July, 2023
$~68 & 69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5031/2023
68 SHRI NARENDER JHA & ORS. ..... Petitioners
Through: Mr. Arpit Jain and Mr. Ajay Kapoor,
Advs. with petitioners.
versus
STATE OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Hemant Mehla, APP for State
and SI Sita Ram, PS Karawal Nagar.
Mr. S.S. Sastry, Mr. Brijesh Tiwari
and Mr. Rajesh Pandit, Advs. for R-2,
3 & 4.
+ CRL.M.C. 5035/2023
69 SHRI ARPIT KUMAR JAISWAL & ORS. ..... Petitioners
Through: Mr. S.S. Sastry, Mr. Brijesh Tiwari
and Mr. Rajesh Pandit, Advs. with
petitioners.
versus
STATE OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Hemant Mehla, APP for State
and SI Sita Ram, PS Karawal Nagar.
Mr. Arpit Jain and Mr. Ajay Kapoor,
Advs. with respondents.
% Date of Decision: 24.07.2023.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
CRL.M.C. 5031/2023 & CRL.M.C. 5035/2023 Page 1 of 5
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:26.07.2023
13:45:53
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.A. 19125/2023
CRL.M.A. 19129/2023
Exemption allowed subject to just exceptions.
CRL.M.C. 5031/2023
CRL.M.C. 5035/2023
1. The present petitions have been filed seeking quashing of case
FIR No. 85/2017 under Sections 452/323/506/34 IPC registered at
PS Karawal Nagar and FIR No. 84/2017 under Sections
308/323/34 IPC registered at PS Karawal Nagar.
2. The factual matrix in brief as is alleged by Arpit Jaiswal in the
FIR that on 04.03.2017 the petitioner Vinod Jha and his sons
Narender Jha and Satendra Kumar Jha came in front of his house
and asked for their IDs for the purpose of getting them blankets
which was to be distributed by the Congress Party Candidate.
However, the complainant said that they are the supporters of
another political party. Both the parties initially entered in the
verbal dispute, and it is alleged that thereafter the petitioners
started beating the complainant party.
3. Further, in FIR No. 85/2017, it was alleged by Vinod Jha that
while they were collecting the IDs for the purpose of distribution
of blanket, Arpit Kumar Jaiswal, Krishna Kumar, and Amit
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Digitally Signed By:RAJ
BALA
Signing Date:26.07.2023
13:45:53
Jaiswal started quarreling with them and gave them a beating.
4. However, now both the parties have entered into a settlement vide
MoU dated 28.01.2023 on the following terms and conditions:
"1. That both the parties have amicably settled their
dispute and / or grievance between them.
2. That it is agreed between the parties that they do not
have any objection if the both the FIRs be quashed. It
is further agreed that First Party shall pay a total sum
of' Rs.50,000/-- (Rupees Fifty Thousand Only) to the
Second Party as a whole at the time of quashing of the
aforesaid FIRs.
3. That it is further agreed between the parties that
both the parties shall cooperate with each other in
preparing the documents for quashing of both the
aforesaid FIRs i.e., 84/17 and 85/17 PS Karawal
Nagar and shall appear before the Hon'ble High Court
of Delhi for the quashing of the FIRs.
4. That after the quashing of the FIRs, nothing survives
out of the present FIR against both the parties and both
the parties shall not interfere in the lives of each other.
5. That both the parties are not habitual offenders and
have clear past antecedents.
6. That it is further agreed between the parties that
they. shall not involve in such type of incident and shall
maintain peace and 'harmony amongst each others.
7. That both the parties have entered into the present
Agreement after reading its contents and have
understood the same in their vernacular language.
8. That both the parties have entered into this
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Digitally Signed By:RAJ
BALA
Signing Date:26.07.2023
13:45:53
agreement without any fear, coercion or undue
influence and out of their own free Will and consent."
5. IO states that the injury suffered by the complainant party in case
FIR No. 84/2017 was simple in nature and that they were
discharged on the same day.
6. Both the parties submit that they have settled the matter,
voluntarily without any fear, force or coercion.
7. IO has also stated that there is no other case pending against both
the parties.
8. In view of the aforementioned facts and circumstances, the FIR
No.85/2017 under Sections 452/323/506/34 IPC registered at PS
Karawal Nagar and FIR No. 84/2017 under Sections 308/323/34
IPC registered at PS Karawal Nagar and all other proceedings
emanating thereof stand quashed.
9. However, I consider that the negative energy of the parties should
be put to an end by directing them to contribute to the society.
Hence, the petitioners in both cases are directed to plant 200 trees
each in their areas. The place shall be identified by the IO with the
consultation of Horticulture Department and shall inform the
petitioners in 15 days advance.
10. The petitioner shall plant the trees, water them and take care of
them for 5 years. IO shall ensure compliance of the same.
11. IO shall also explore the possibility of Geo-Tagging the trees
planted with the coordination of the SDC of the concerned area for
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Digitally Signed By:RAJ
BALA
Signing Date:26.07.2023
13:45:53
the proper monitoring by the appropriate authority.
12. Let the compliance report be filed.
13. List for compliance on 03.11.2023.
DINESH KUMAR SHARMA, J
JULY 24, 2023/AR
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:26.07.2023
13:45:53
