Girdhari Lal And ORS v. State Of N.C.T. Of Delhi And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6414/2024 GIRDHARI LAL AND ORS .....Petitioners Through:

Mr. Saurabh Jana, Adv.

versus STATE OF N.C.T. OF DELHI AND ANR .....Respondents Through:

Mr. Sanjeev Sabharwal, APP with SI Shiv Dayal Kumar, PS Harsh Vihar Mr. Ashok Thagal, Adv.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 19.11.2024 1.

This is a petition filed under section 482 Code of Criminal Procedure, 1973 seeking quashing of FIR No. 454/2017, dated 05.11.2017 registered at PS Harsh Vihar, Delhi under sections 308/341/506/34 IPC, 1860 and all consequential proceedings emanating therefrom. 2.

The facts are that an altercation took place between the petitioners and respondent no. 2 and his family members on the issue of a drainage system resulting in an overflow of water out of the drains present before the houses of the petitioner and respondent no. 2.

3.

Both the parties regret their actions and undertake to never repeat the same in future.

4.

During the pendency of the proceedings, the parties have executed a settlement deed on 23.04.2024, whereby all the disputes between the parties have been settled and respondent no. 2 has been duly compensated towards the full and final settlement.

5.

The petitioners, namely Mr. Girdhari Lal (petitioner no. 1), Mr. Ashu The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/11/2024 at 12:05:10

Sharma (petitioner no. 2), Mr. Kusum Sharma (petitioner no. 3) are present in court and are identified by their counsel i.e. Mr. Saurabh Jana, Adv. Respondent No. 2/complainant i.e. Sh Uday Pratap is also present in Court and is identified by Mr. Ashok Thagal, Adv.

6.

I am satisfied that the settlement deed is valid. 7.

The parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion.

8.

Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure the ends of justice. This court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings 9.

For the reasons noted above, FIR No. 454/2017, dated 05.11.2017 registered at PS Harsh Vihar, Delhi under sections 308/341/506/34 IPC, 1860 and all consequential proceedings emanating therefrom are hereby quashed subject to each of the petitioners depositing Rs. 1,000/- as costs with DHCLSC within 4 weeks from today.

10.

The proof of payment shall be placed on record within 5 weeks from today, failing which the file shall be put up before the Court. 11.

The petition is disposed of accordingly.

JASMEET SINGH, J NOVEMBER 19, 2024/DM The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/11/2024 at 12:05:10