Ayush Bhatia & ORS. v. State (Govt. Of NCT Of Delhi) & ORS.
$~99 * IN THE HIGH COURT OF DELHI AT NEW DELHI + AYUSH BHATIA & ORS.
.....Petitioners Through:
Mr. Sarthak Tomar (D-4927/22), Advocate along with Petitioners in person.
versus STATE (GOVT. OF NCT OF DELHI) & ORS.
.....Respondents Through:
Mr. Shoaib Haider, APP for the State.
SI Meeta, PS Model Town Respondents in person.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 09.09.2024 CRL.M.A. 27211/2024 (Exemption) Allowed, subject to all just exceptions.
1.
The present petition under Section 482 Cr.P.C has been filed by the Petitioners for quashing FIR No.644/2021 dated 04.10.2021, registered at Police Station Model Town for offences punishable under Sections 341/323/325/34 IPC on the ground that the parties have entered into a settlement.
2.
Material on record discloses that a quarrel broke out between the Petitioners and the Respondents. It is stated that the Respondents were under the influence of Alcohol. It is stated that during the quarrel, the Petitioners hit the Respondent/Complainant on his head with a stone due to which the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Respondent/Complainant suffered injuries and, therefore, on the complaint of Respondent/Complainant, the present FIR was registered against the Petitioners.
3.
It is stated that the Petitioners and the Respondents reside in the same street. It is stated that with the intervention and good advice of common friends and respectable persons of the locality, the Respondents and the Petitioners have settled the dispute amicably vide a Memorandum of Settlement dated 04.05.2024 which has been annexed with the present petition as Annexure-C.
4.
Learned APP appearing for the State points out that the Petitioner Nos.1 and 2 were involved in a fight earlier also for which an FIR was registered under Section 308 IPC which was also quashed on the ground of compromise.
5.
The Petitioners and the Respondents are youngsters and to ensure that the future of these youngsters is not spoiled, this Court is inclined to quash the present FIR. However, the Petitioners and the Respondents are warned not to repeat such kind of offences in future and they are directed to maintain peace in the locality.
6.
Today, the Parties are present in Court. The Petitioners have been identified by their Counsel and the Investigating Officer. The Respondents have been identified by the Investigating Officer.
The Respondent/Complainant states that he has settled all the disputes with the Petitioners out of his own free will, without pressure, coercion or undue influence and states that he does not want to pursue the present case any further and requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
bound by the proceedings recorded before this Court. 7.
In view of the settlement arrived at between the Parties and the fact that the present case is squarely covered under the law laid down by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, this Court is of the opinion that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.644/2021 dated 04.10.2021, registered at Police Station Model Town for offences punishable under Sections 341/323/325/34 IPC and the proceedings emanating therefrom are hereby quashed.
8.
The Petitioners and the Respondents together are directed to plant 25 trees at their own expense in their locality within 15 days. The Investigating Officer is directed to ensure that the trees are planted by the Petitioners and the Respondents together and a Compliance Report regarding the same shall also be filed before this Court.
9.
With the above directions, the petition is disposed of, along with pending application(s), if any.
SUBRAMONIUM PRASAD, J SEPTEMBER 9, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.