Delhi High Court - Orders
Mukul & Ors vs State Gnct Of Delhi & Anr on 17 December, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1424/2021
MUKUL & ORS. ..... Petitioner
Represented by: Mr. Prashant Manchanda, Mr. Mohit
Saroha, Ms. Aditi S., Mr. Vaibhav
Karadale, Ms. Shakshi Uppal, Mr.
Rajat Kapoor, Advs.
versus
STATE GNCT OF DELHI & ANR. ..... Respondent
Represented by: Mr. Sanjay Lao, Standing Counsel for
the State with SI Vikram, PS Karol
Bagh.
Mr. Pankaj Mohan, Adv. for R-2 to 4
with R-2 to 4 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 17.12.2021
1. By this petition the petitioners seek quashing of FIR No. 82/2021 under Sections 354/354-A/354-D/323/341/427/325/506 IPC registered at PS Karol Bagh on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that parties have entered into a settlement.
2. Learned Additional Standing Counsel for the State on instructions submits that in the above-noted FIR the four petitioners are the accused and respondent No.2 the complainant/ victim and respondent No.3 and 4 the other victims as impleaded by the amended memo of parties and no other person is involved.
3. Allegations of the respondent No.2 in the above-noted FIR are that on W.P.(CRL) 1424/2021 Page 1 of 3 Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA Signing Date:19.12.2021 20:54:27 3rd March, 2021 when she was outside her house at around 11.45 AM, the petitioner No.1 who lives in their colony came, held her hand and hit her with a balloon. She stated that the petitioner No.1 used to stare at her which she always ignored. When she protested, the petitioner No.1 started abusing and his brothers i.e. petitioner No.2 and 3 also joined him and attacked her with bricks. Thereafter, father of the petitioner No.3 also joined and started quarrelling. In the meantime her cousin and aunt also joined. During the quarrel they hit their car parked with bricks and also hurt the three victims. As per the MLCs the injuries on respondent No.3 and 4 have been opined to be simple in nature, however the injury to respondent No.2 was found to be grievous in view of the injury suffered on the left side of the nose. During the pendency of investigation, parties have entered into a consolidated settlement as cross-FIR was registered against the family members of the respondent No.2, 3 & 4 being FIR No. 83/2021 vide the memorandum of understanding dated 5th March, 2021 copy whereof is annexed as Annexure P-4 to the present petition.
4. Respondent No.2, 3 and 4 who are present in Court and are identified by the learned counsel and the investigating officer state that they have settled the matter with the petitioners vide the memorandum of understanding dated 5th March, 2021 with the intervention of the elders and family members as the two parties are known and related to each other and are living in the neighbourhood. They state that they do not wish to pursue the above-noted FIR and the proceedings pursuant thereto and undertake to abide by the terms of settlement arrived at between the parties.
5. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by W.P.(CRL) 1424/2021 Page 2 of 3 Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA Signing Date:19.12.2021 20:54:27 the terms of settlement arrived at between the parties. They further express their apology and assure that no such misbehaviour will take place in future and to show remorse undertake to deposit cost.
6. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
7. Consequently, FIR No. 82/2021 under Sections 354/354-A/354-D/323/341/427/325/506 IPC registered at PS Karol Bagh, Delhi and proceedings pursuant thereto are hereby quashed subject to a consolidated cost of ₹10,000/- or ₹2,500/- each to be deposited by the petitioners with the Delhi High Court Staff Welfare Fund maintained by the Registrar General within four weeks.
8. Petition is disposed of.
9. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
DECEMBER 17, 2021 'ga' W.P.(CRL) 1424/2021 Page 3 of 3 Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA Signing Date:19.12.2021 20:54:27