Jai Kishan & ORS. v. The State Of NCT Of Delhi & ANR.

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8572/2023 JAI KISHAN & ORS.

.....Petitioners Through:

Mr. Ramesh Kumar, Advocate.

versus THE STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Hemant Mehla, APP for State with Insp. Sanjay Kumar and SI Brahm Prakash, P.S.Sultanpuri.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 30.08.2024 1.

The present Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the petitioners seeking to quash the FIR No.

136/2012 registered Sections 323/452/427/506/295/295A/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Sultanpuri, Delhi.

2.

It is also submitted that the parties have settled all the disputes and differences between them vide Compromise Deed dated 07.10.2023.

3.

In view of the Compromise Deed dated 07.10.2023, the present petitions have been filed.

4.

The parties are present today in Court, and they have been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

identified by their counsel and Investigating Officer concerned. 5.

As per the complaint the accused Jai Kishan, local MLA had come to the house of the neighbour of the complainant, Pratap Singh to express condolence. At around 8 PM they were making loud noises to which an objection was taken by the complainant on which the petitioner got aggressive and started using foul language, threats and derogatory remarks against the community of the complainant. When an objection was taken on behalf of the complainant, the accused Jaikishan along with his associates resorted to misconduct and violence against the complainant and other prominent individuals of their community. On account of the disputes, the FIR got registered. 6.

Learned APP has filed his status report according to which there are about prior cases essentially Section 186/353/332/506 IPC most of which have been compromised. 7.

It has been pointed out on behalf of the petitioners that the petitioner No.1 is a MLA on account of which these FIRs have been registered though he has not been convicted in even a single trial. 8.

The parties have submitted that all the disputes have been amicably settled vide Compromise Deed dated 07.10.2023 and thus, no fruitful purpose will be served in continuing with the FIRs. 9.

The present petition has 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. 10.

Today, the parties, who are present in the Court, state that they The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

have settled all the disputes and have no objection if the FIRs are quashed.

11.

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 also the fact that the present matter is a family matter, 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.

12.

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

13.

Considering the nature of the allegations and that the complainant who is 70 years old has submitted that she has no intention of continuing with the FIR and that the matter stands amicably compromised and also that it is a neighbourhood dispute, FIR No.

136/2012 registered Sections 323/452/427/506/295/295A/34 of IPC, at Police Station Sultanpuri and all consequential proceedings emanating therefrom are quashed.

14.

The petition stand disposed of.

NEENA BANSAL KRISHNA, J AUGUST 30, 2024 rk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.