Shri Raj Singh Yadav @ Raja Yadav v. The Government Of NCT Of Delhi And Others

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1955/2023 SHRI RAJ SINGH YADAV @ RAJA YADAV ..... Petitioner Through:

Mr. Yogesh Rathee, Advocate with petitioner in person.

versus THE GOVERNMENT OF NCT OF DELHI AND OTHERS ..... Respondents Through:

Mr. Rahul Tyagi, APP for State with Ms. Priya Rai, Mr. Sangeet Sibou, Mr. Jatin and Mr. Aashish Chojar, Advocates along with IO, P.S.

Nangloi.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 02.02.2024 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed by the petitioners seeking quashing of FIR bearing No.139/2019 registered at Police Station Nangloi, Delhi for offences punishable under Sections 323/354/354B/341/509/506/34 of the Indian Penal Code, 1860 ('IPC'). 2.

Briefly stated, facts of the present case are that the deceased complainant had complained of threats and instances of misbehaviour against the complainant and her said daughters by the accused persons. The accused/ petitioners on the night of 20.11.2017 at around 2-3 am had abused The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

andhad beaten the complainant. It is alleged that the complainant and her daughters had been threatened by the accused/ petitioners to vacate their property. The deceased complainant had proceeded to file a complaint under Section 156(3) Cr.P.C. against the accused/ petitioners on 22.05.2018. In furtherance of the said complaint the Hon'ble Court directed the registration of FIR No.139/2019 under Sections 354/354(B)/323/ 341/509/506/34 of the IPC. However, on 30.07.2021 the complainant had unfortunately passed away. Subsequently, a Compromise Deed dated 12.03.2023 was executed between the respondent nos.2 & 3 who are the daughters of the deceased complainant and the accused/ petitioners out of their own free will where they agreed to settle disputes between them amicably. 3.

It is submitted by learned counsel for the petitioner that the original complainant in this case who is mother of the victim has unfortunately passed away. He further submits that the victims are present in court today and states that matter has been amicably settled. 4.

At the request of counsel for the petitioner, the personal appearance of petitioner no.5 is exempted.

5.

Learned APP for the State states that all the petitioners except petitioner no.5, who is not present in court today, are identified by the IO. 6.

On a query made by this court respondents have categorically stated that they have entered into compromise out of their own free will and without any pressure, coercion or threat. It is also stated that the respondents have amicably settled the dispute vide Memorandum of Understanding/ Settlement/ Compromised Deed dated 13.03.2023 and further state that they have no objection, if the FIR is quashed.

7.

In view of the above facts that the parties have amicably settled their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

disputes out of their own free will and without any coercion, no useful purpose will be served by continuing proceedings, rather the same would create further acrimony between them. It would be in the interest of justice to quash the above mentioned FIR and proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 8.

Accordingly, FIR bearing No.139/2019 registered at P.S. Nangloi, Delhi for offences punishable under Sections 354/354(B)/ 323/341/509/506/34 of IPC) and on consequential proceedings emanating therefrom are quashed.

9.

Considering the nature of injuries and considering the overall facts and circumstances of the case and the fact that the charge-sheet has been filed in the present case, time has been consumed of the court as well as of investigating agency. The petitioners have expressed their willingness to compensate for the time so consumed by contributing for a socially relevant cause.

10.

Considering the fact that the matter has been amicably settled between the parties subject to a cost of Rs.5,000/- to be deposited by each accused with Advocates Welfare Fund, Tis Hazari Courts, Delhi and compliance report be filed with the registry.

11.

Accordingly, the present petition stands disposed of. 12.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J FEBRUARY 2, 2024/hs 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.