Kiran Pal & ORS. v. State Govt. NCT Of Dlehi And ORS

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10043/2024 KIRAN PAL & ORS.

.....Petitioners Through:

Mr R.K. Gupta, Adv.

versus STATE GOVT. NCT OF DELHI AND ORS .....Respondents Through:

Mr Sunil Kumar Gautam, APP for State SI P Buno, PS-Madhu Vihar

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 20.12.2024 1.

This is a petition seeking quashing of FIR No. 283/2017, under Sections 323/341/506/308/34 IPC, registered at Police Station - Madhu Vihar and consequential proceedings, if any, emanating therefrom. 2.

The allegations in the FIR are that the petitioners had hit the respondent Nos. 2 and 3 with danda and the nature of injuries are grievous. 3.

In the present case the petitioners had also registered a similar FIR against the respondent Nos. 2 and 3 which on the basis of settlement dated 18.10.2024 has already been quashed.

4.

The petitioners are present in Court and have been identified by their counsel Mr R.K. Gupta.

5.

The respondent Nos.2 & 3 are also present in Court and have been identified by the Investigating Officer SI P Buno, PS-Madhu Vihar. 6.

Both the parties state that they have entered into the aforesaid The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

settlement out of their own free will, volition and without any threat, force, undue influence or coercion. It is stated by respondent Nos.2 and 3 that they have no objection if the FIR is quashed.

7.

The FIR seems to be predicated on a petty issue and that issue has been resolved to the satisfaction of the parties. 8.

Even though the nature of injury caused to the petitioner is grievous, a coordinate bench of this Court in Crl. M.C. 1651/2022 titled as "Khalid Alias Painter and Ors. vs The State NCT of Delhi and Anr" and Crl. M.C. 1656/2022 titled as "Nafees Ahmad Saifi and Ors.. vs The State NCT of Delhi and Anr" quashed the FIR in similar circumstances whereby the petitioners in those matters had also suffered grievous injuries, however the court was of the view that while quashing the FIR, the court has to see all the attendant circumstances and since the parties had entered into a settlement therein, no useful purposes would be served in prosecuting the FIRs.

9.

Both 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. In addition, it is stated by respondent No.2 that he has no objection if the FIR is quashed.

10.

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 ends of justice. This should not be treated as a legal precedent and in this case the proceedings are quashed as the respondent has decided to put a quietus to the matter. The 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

matter, there is no reason to continue the proceedings. 11.

For the reasons stated above, FIR No. 283/2017, under Sections 323/341/506/308/34 IPC, registered at Police Station - Madhu Vihar and consequential proceedings, if any, emanating therefrom are hereby quashed. 12.

The petition is disposed of accordingly.

JASMEET SINGH, J DECEMBER 20, 2024 sr 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.