Aswani@ Sonu & ORS. v. State (Govt. Of NCT Of Delhi) And ANR.

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2089/2022 ASWANI @ SONU & ORS.

.....Petitioners Through:

Petitioners with their counsel.

versus STATE (GOVT. OF NCT OF DELHI) AND ANR. .....Respondents Through:

Mr. Manoj Pant, APP for the State along with SI Mahandra Patel PS Narela.

R-2 with her counsel Ms Mamta Chandra, Adv.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 13.02.2025 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereafter „Cr.P.C.‟) has been filed by the petitioners praying for quashing of FIR No. 0001/2018, dated 01.01.2018, registered at Police Station Narela, Delhi for the offences punishable under Sections 308/354/354-A/506/380/482/34 of the Indian Penal Code, 1860 (hereafter 'IPC').

2.

Brief facts of the present case are that the petitioners and respondent no.2 herein were neighbours and thus, they were known to each other since birth. Respondent no.2 is married and was residing at her matrimonial house, however, she occasionally used to visit to her parental house at Village Ghoga, Narela. It is stated that on 31.12.2017, the brother of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no. 2 had organized a party at Osha Dham Ashram, Village Ghoga, Narela, Delhi, during which a quarrel had taken place between the parties, wherein respondent no.2 herein had suffered injuries and the matter was reported to the police. On the said allegations, the present FIR came to be registered.

3.

Subsequently, the parties had settled the matter and a Compromise Deed dated 31.03.2022 in this regard has been placed on record. Accordingly, it is prayed that the present FIR be quashed. 4.

The petitioners are present before this Court and have been identified by his counsel and the Investigating Officer (IO) from Police Station Narela, Delhi.

5.

On a query made by this Court, respondent no. 2, who has been identified by the IO, has categorically stated that she has entered into a compromise out of her own free will and without any pressure, coercion or threat and an affidavit in this regard has also been placed on record. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties. Today, the complainant who is present in Court states that she has received the compromised amount from the petitioner and has no objection if the FIR registered in the present case is quashed. 6.

This Court notes that the victim has supported the version of the prosecution in her testimony recorded before the learned Trial Court. It is noted that the victim and also the accused, had not entered into a compromise till her statement was recorded, which was against the accused persons. At the same time, considering that the parties now do not want to proceed with the case and they have settled the matter, wherein it has been mentioned that the petitioners herein have tendered an unconditional The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

apology. This Court is of the opinion that no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question. 7.

Accordingly, FIR No. 0001/2018, dated 01.01.2018, registered at Police Station Narela, Delhi for the offences punishable under Sections 308/354/354-A/506/380/482/34 of the IPC and all consequential proceedings emanating therefrom are quashed. However, this will be subject to the petitioners depositing a sum of Rs.20,000/- each and the complainant depositing a sum of Rs.10,000/- with Delhi High Court Judges‟ Library Fund, within a period of two weeks from date, failing which the aforesaid order will be recalled.

8.

The petition stands disposed of.

9.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J FEBRUARY 13, 2025/A Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.