Aman Kumar @ Amandeep & ORS. v. State NCT Of Delhi And ORS

$~55 & 13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6309/2024 RAM NIVAS JAIN & ORS.

.....Petitioners Through:

Mr. Ravinder Pal Singh, Advocate with petitioners in person.

versus THE STATE NCT OF DELHI AND ORS .....Respondents Through:

Mr. Hemant Mehla, APP for State.

Mr. C. Prakash, Ms. Lata Anand, Mr.

Abhishek Rana, Mr. Hemant Singra & Mr. Rajesh Kr. Yadav, Advocates for R-2 to 7 with R-2 to 7 in person.

S.I. Neeraj Kumar, PS Anand Parbat, Delhi.

+ CRL.M.C. 3623/2024 AMAN KUMAR @ AMANDEEP & ORS.

.....Petitioners Through:

Mr. C.Prakash, Ms. Lata Anand, Mr.

Abhishek Rana, Mr. Hemant Singra & Mr. Rajesh Kr. Yadav, Advocates with petitioners in person.

versus STATE NCT OF DELHI AND ORS .....Respondents Through:

Mr. Hemant Mehla, APP for State.

Mr. Ravinder Pal Singh, Advocate for R-2 to 4 with R-2 to 4 in person.

S.I. Neeraj Kumar, PS Anand Parbat, Delhi.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 14.08.2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CRL.M.A. 24132/2024 (Exemption) in CRL.M.C. 6309/2024 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 6309/2024 & CRL.M.C. 3623/2024 3.

The present Petitions under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C., 1973") have been filed on behalf of the petitioners seeking to quash cross FIR No. 215/2014 registered under Sections 308/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") and FIR No. 216/2014 registered under Sections 323/341/34 of IPC, 1860at Police Station Anand Prabat, Delhi.

4.

Brief facts of the case are that the petitioners and the respondents have an adjourning shop and an altercation took place between the petitioners and the respondents on 22.05.2014, in which the petitioner No. 1/Ram Niwas and respondent No. 3/Mukesh Kumar @ Mukesh Goyal received simple injuries on their head.

5.

On the complaint of respondent No. 3/Mukesh Kumar @ Mukesh Goyal, the FIR No. 216/2024 was registered under Sections 323/341/34 of IPC, 1860 at Police Station Anand Parbat, Delhi. Similarly, on the complaint of petitioner No. 1/Ram Niwas, the cross FIR No. 215/2014 was registered under Sections 308/34 of IPC, 1860 at Police Station Anand Parbat, Delhi. 6.

It is further submitted that during the pendency of the litigations, with the intervention of some respectable persons of society, common well-wishers, friends, relatives as well as their respective counsels, the parties have amicably settled all the disputes and differences between them vide Compromise Deed dated 23.03.2024 which inter alia states that: - The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(i) That the parties have resolved all their disputes pertaining to the present FIRs, (ii) That the parties shall file their respective petitions for quashing of present FIRs, (iii) That both the parties shall cooperate with each other and give their 'No Objection' for quashing of FIRs, (iv) That the parties undertake to maintain cordial relations with each other in future and shall live and work happily and will not give any chance of complaint to each other in future, (v) That both the parties shall remain bound by the terms and conditions of Compromise Deed.

7.

In view of the Compromise Deed dated 23.03.2024, the present petitions have been filed.

8.

The petitioners and the respondents are present before this Court in-person today and they have been identified by their counsel and Investigating Officer concerned.

9.

The parties have submitted that all the disputes have been amicably settled vide Compromise Deed dated 23.03.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 10.

The present petitions have been signed by the petitioners and the respondents and are supported by their respective affidavits. The parties have endorsed and reaffirmed the terms of the settlement and they also submit that the said settlement has been arrived at between the parties without any pressure and coercion. The parties shall remain bound by the terms of the settlement.

11.

Today, the complainants, namely, Ram Niwas and Mukesh Kumar @ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Mukesh Goyal, who are present in the Court, state that they have settled all the disputes and have no objection if the FIRs are quashed. 12.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIRs and the proceedings pursuant thereto.

13.

Moreover, there is no legal impediment in quashing the FIRs in question.

14.

Accordingly, FIR bearing No. 215/2014 registered at Police Station Anand Parbat, Delhi, for offences punishable under Sections 308/34 of IPC, 1860 and FIR bearing No. 216/2014 registered at Police Station Anand Parbat, Delhi for offences punishable under Sections 323/341/34 of IPC, 1860 along with Chargesheets and all consequential proceedings emanating therefrom are quashed.

15.

The petitions stand disposed of.

NEENA BANSAL KRISHNA, J AUGUST 14, 2024 S.Sharma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.