Prithvi Mohan & ORS. v. State Govt Of NCT Of Delhi
$~74 & 75 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5032/2024 PRITHVI MOHAN & ORS.
.....Petitioners Through:
Ms.
Shivangi Deol, Mr.
Prithvi Mohan, Mr. Sandeep Arora, Mr. Amit Arora, Mr. Vidhandhu Arora, Ms.
Vidhi Mohan and Ms. Deepali, Advs.
along with petitioners.
versus STATE GOVT OF NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Ajay Vikram Singh, APP with S.I. Mohit, P.S. Begum Pur, Delhi.
R-2 through V.C.
+ CRL.M.C. 5040/2024 GURDEEP SINGH & ANR.
.....Petitioners Through:
Ms.
Shivangi Deol, Mr.
Prithvi Mohan, Mr. Sandeep Arora, Mr. Amit Arora, Mr. Vidhandhu Arora, Ms.
Vidhi Mohan and Ms. Deepali, Advs.
along with petitioners.
versus STATE GOVT OF NCT OF DELHI AND ANR .....Respondents Through:
Mr. Ajay Vikram Singh, APP with S.I. Mohit, P.S. Begum Pur, Delhi.
R-2 & 3 through V.C.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 15.01.2025 1.
The present petitions have been filed under Section 482 of CrPC seeking quashing of the following FIRs and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement:
(i) FIR No.0754/2022 [Crl.M.C.
5032/2024] under Sections 354(B)/323/506/354(A)/509/34 IPC registered at Police Station Begum Pur, Delhi at the instance of respondent no.2. (ii) FIR No.0755/2022 [Crl.M.C.
5040/2024] under Sections 354(B)/323/506/354(A)/509/34 IPC registered at Police Station Begum Pur, Delhi at the instance of respondent nos.2 and 3. 2.
The petitioners, as well as, complainants in both the cases have joined through VC and they have been identified by their respective counsel, as well as, by the Investigating Officer i.e. S.I. Mohit, P.S. Begum Pur, Delhi. 3.
The brief facts of the case are that quarrel arose between the parties which escalated to a level of fight in which the parties were injured and the same also led to registration of the aforesaid cross FIRs. 4.
During pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Compromise Deeds dated 20.11.2023, which are annexed as Annexure-C to the present petitions.
5.
It is recorded in the Compromise Deeds that the parties have voluntarily arrived at a settlement with the intervention of common friends. It is also a term of settlement that the parties will cooperate with each other The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
for the quashing of aforesaid two FIRs.
6.
The complainants, who have joined through VC, on a query posed by the court, affirms the factum of settlement and state that they have no objection in case the aforesaid FIRs are quashed. 7.
At this stage, apt would it be to refer to the observations of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor."
8.
In view of the settlement between the parties, the ultimate chances of conviction in the case are bleak, therefore, continuation of criminal proceedings will not serve any useful purpose and it will be an exercise in futility.
9.
It is, thus, in the interest of justice that the present FIRs and all the other proceedings emanating therefrom be quashed. 10.
Consequently, the petitions are allowed and FIR No.0754/2022 [Crl.M.C. 5032/2024] and FIR No.0755/2022 [Crl.M.C. 5040/2024], both under Sections 354(B)/323/506/354(A)/509/34 IPC registered at Police Station Begum Pur, Delhi along with all other consequential proceedings emanating therefrom, are quashed.
11.
The petition stands disposed of in the above terms. 12.
The amended memo of parties have been handed over in court in both The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the cases and the same have been taken on record. 13.
Order be uploaded on the website of this Court. VIKAS MAHAJAN, J JANUARY 15, 2025/aj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.