Dadulal And ORS. v. State Of NCT Of Delhi

$~60 & 53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3090/2023, CRL.M.A. 11575/2023 MUKESH ALIAS MUKESH VERMA ..... Petitioner versus STATE OF NCT OF DELHI AND ANR.

..... Respondent + CRL.M.C. 3039/2023 DADULAL AND ORS.

..... Petitioners versus STATE OF NCT OF DELHI ..... Respondent

Present:

Mr.Girish Kumar Sharma, Counsel for the petitioners. Mr.Raghvinder Verma, APP for the State in item no.60. Mr.Hemant Mehla, APP for the state with Mr.Dipanshu Meena, Advocate in item no.53.

SI Sunil Kumar and ASI Lakhpat, PS Prashant Vihar.s % Date of Decision: 01.05.2023

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral) 1.

Present petitions have been filed under section 482 Cr.P.C for quashing of FIR No.607/2016 registered under Section 354/323/451 IPC at P.S. Prashant Vihar and FIR No. 615/2016 registered under Section 323/354/34 IPC at P.S. Prashant Vihar.

2.

Briefly stated facts of the case are that the parties are neighbors licing in the same locality, they filed the above-mentioned Cross-FIRs after a fight that erupted between them. The charge-sheet in the above matters has already been filed. However, it is submitted that with the intervention of family members and respectable persons of the society the parties have settled that matters between themselves without any consideration amount.

3.

It has been submitted that both the parties have compromised the matters between each other voluntarily vide MoU/compromise deed dated 15.04.2023 and thus the present petitions may be quashed. 4.

The terms and conditions of the said compromise deed are as under - "1. That both the parties undertaken to live peacefully in future without any grievances and they will not give any chance of complaint against each other."

5.

The parties are present in person. They have stated that they have compromised the matter voluntarily without any fear, force or coercion. 6.

Investigating officer has duly identified the complainant. 7.

It has been repeatedly held by the Hon'ble Supreme Court and this court that when the chances of an ultimate conviction are bleak 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 the power under section 482 CrPC for quashing the proceedings or the complaint or the FIR as the case may be.

8.

I consider that there would be no purpose of continuing with the proceedings. The parties have amicable settled the matter. In view of the above facts and circumstances both FIR No.607/2016 registered under Section 354/323/451 IPC at P.S. Prashant Vihar and FIR No. 615/2016 registered under Section 323/354/34 IPC at P.S. Prashant Vihar, along with all the proceedings emanating therefrom are quashed. DINESH KUMAR SHARMA, J MAY 01, 2023/rb