Delhi High Court
Amit Kumar vs State (Govt. Of Ncr 0F Delhi) & Anr. on 22 March, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 22.03.2024
+ CRL.M.C. 2407/2024
AMIT KUMAR ..... Petitioner
Through: Mr. Amanjeet Singh, Mr. Gurpreet
Singh, Mr. Simardeep Singh Kalra,
Ms. Anjana Kumari, Ms. Anju Singh,
Ms. Meena Belwal and Ms. Priya
Gujral, Advocates with Petitioner
in-person.
versus
STATE (GOVT. OF NCR OF DELHI) & ANR. ..... Respondents
Through: Mr. Mukesh Kumar, APP with
respondent No. 2-in-person and ASI
Bheem Singh, P.S.: Ambedkar Nagar.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
Exemption allowed, subject to just exceptions.
Application stands disposed of.
1. Petition under Section 482 the Code of Criminal Procedure, 1973
('Cr.P.C.') has been preferred on behalf of the petitioner for quashing of FIR
No. 0243/2022, under Sections 308 IPC registered at P.S.: Ambedkar Nagar,
Delhi and the proceedings emanating therefrom.
2. In brief, as per the case of petitioner, present FIR was registered over a
minor dispute which resulted into a scuffle and ultimately led to the
registration of FIR No. 0243/2022 on 19 .04.2022 by respondent No. 2.
3. Learned counsel for the petitioner submits that both petitioner as well
as respondent No. 2 are step-brothers and the alleged assault happened
during the heat of moment. It is further urged that petitioner and respondent
No. 2 have settled the disputes and are residing together in a joint family. It
is also pointed out that petitioner is aged about 33 years and has clean past
antecedents.
4. The disputes are stated to have been settled in terms of settlement deed
dated 22.02.2024.
5. Learned APP for the State submits that in view of amicable settlement
between the parties, the State has no objection in case the FIR in question is
quashed.
6. Parties are present in person and have been identified by ASI Bheem
Singh, P.S.: Ambedkar Nagar, Delhi. I have interacted with the parties and
they confirm that the matter has been amicably settled between them without
any threat, pressure or coercion. Respondent No. 2 states that nothing
remains to be further adjudicated upon between the parties and has no
objection in case the FIR in question is quashed.
7. Petitioners in both cases seek to invoke the powers under Section 482
of Code of Criminal Procedure. The same is to be used to secure the ends of
justice or to prevent the abuse of process of any Court. In which cases, the
power to quash the criminal proceedings or the complaint or FIR may be
used when the offender as well as victim have settled their dispute, would
depend upon the facts and circumstances of each case and no generalized list
or categories can be prescribed. However, the Court is required to give due
regard to the nature and gravity of the offence and consider the impact on the
society.
Principles for quashing of FIR have been delineated in Gian Singh vs.
State of Punjab & Anr., (2012) 10 SCC 303 and Parbatbhai Aahir @
Parbatbhai Bhimsinhbhai Karmur & Ors. vs. State of Gujarat & Anr.,
(2017) 9 SCC 641. Predicated on settlement between the parties, FIRs under
similar Section have been quashed in 'Laxman Karotia & Ors. vs. The State
NCT of Delhi & Ors.', CRL.M.C. 813/2024 decided on 16.02.2024 by
Co-ordinate Bench of this Court and 'Amit Kumar & Ors. vs. State & Ors.'.
CRL.M.C. 2106/2024, decided on 15.03.2024 by this Court.
8. Parties, who are closely related, intend to put quietus to the
proceedings and move forward in life. Considering the facts and
circumstances, since the matters have been amicably settled between the
parties, no useful purpose shall be served by keeping the case pending and
continuation of proceedings would be nothing but an abuse of the process of
the Court. Consequently, FIR No. 0243/2022, under Sections 308 IPC
registered at P.S.: Ambedkar Nagar, Delhi and the proceedings emanating
therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also
stand disposed of.
A copy of this order be forwarded to the learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
MARCH 22, 2024/R
By:DINESH CHANDRA
Signing Date:23.03.2024
20:22:03
