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Sameer Khan & Ors vs State (Nct Of Delhi) & Ors on 16 December, 2021

Author: Chandra Dhari Singh

Bench: Chandra Dhari Singh

                          $~20
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C. 3300/2021
                                 SAMEER KHAN & ORS.                                   ..... Petitioners
                                                    Through:    Mohd. Firoz and Mr. Bilal Ahmed,
                                                                Advocates along with petitioners in-
                                                                person

                                                    versus

                                 STATE (NCT OF DELHI) & ORS.                 ..... Respondents
                                               Through: Ms. Kusum Dhalla, APP for State
                                                         along with SI Ankit, P.S. Jyoti Nagar
                                                         Mr. Imran Khan and Mr. Raj Kumar,
                                                         Advocates for R-2 & 3 along with
                                                         respondents in-person

                                 CORAM:
                                 HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                         ORDER

% 16.12.2021 CRL.M.A. 20213 /2021 Exemption allowed subject to just exceptions.

The application stands disposed of.

1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C.") has been filed by the petitioners for quashing of FIR bearing No. 81/2017 registered at Police Station Jyoti Nagar for offences punishable under Sections 308/34 of the Indian Penal Code, 1860 (hereinafter "IPC") and consequential proceedings arising therefrom.

2. All the petitioners are present before this Court and have been identified by their counsel Mohd. Firoz, Enrolment No. D-7483/2018. Respondents No.2 and 3 are also present in the Court and have been identified by their counsel Mr. Imran Khan, Enrolment No. D/1638/2006.

3. Learned counsel appearing on behalf of the parties submitted that all the petitioners and respondents are relatives and due to some misunderstanding, a quarrel had taken place in which, respondents no. 2 and 3 got injured and sustained head injuries. The respondent no.2 lodged an FIR bearing no. 81/2017 under Sections 308/34 of IPC registered at Police Station Jyoti Nagar on 5th March, 2017 against the petitioners. Kamil, petitioner no. 3 has lodged a cross FIR bearing No. 82/2017 under Sections 308/34 of IPC registered at Police Station Jyoti Nagar on 5th March, 2017 against the respondents no. 2 and 3 and one Mr. Zaheer Ahmad who has already expired on 14th September, 2020. The death certificate of Mr. Zaheer Ahmad is appended as Annexure P-3.

4. Learned counsel appearing on behalf of the parties submitted that during the pendency of the investigation in the aforesaid matters, with the intervention of the well-wishers, relatives and respected families members from both sides, both the parties entered into a compromise and settled all their disputes on 6th December, 2021. The terms and conditions of the Compromise/Settlement Deed (appended as Annexure-2) are mentioned in paragraphs I, II and III. It is submitted that in terms of the aforesaid paragraphs mentioned in the Compromise/Settlement Deed, both the parties agreed to not pursue the criminal case against each other and submitted that the FIR and other proceedings pertaining to the FIR may be quashed on the basis of the said settlement.

5. On the query made by this Court, respondent no. 2 and 3 have categorically stated that they have entered into compromise on their own free will and without any undue pressure. It is also stated by respondent no. 2 and 3 that the entire dispute has been amicably settled between the parties.

6. Ms. Kusum Dhalla, learned APP for the State submitted that there is no objection to the prayer made by the petitioners seeking quashing of the FIR in question as per the settlement arrived at between the parties.

7. Heard, learned counsel for the parties and perused the record including the Compromise/Settlement Deed and the contentions made in the FIR.

8. The instant criminal proceedings in respect of non-compoundable offences are private in nature and do not have a serious impact on the society especially when there is a settlement/compromise between the victim and accused.

9. In such cases, it is a settled law that High Court is also required to consider the conduct and antecedents of the accused in order to ascertain that the settlement has been entered into by their own free will and has not been imposed upon them by the petitioners or any other person related to them. In the present case, respondents no. 2 and 3 are present in Court and have categorically stated that they have entered into compromise and settled the entire disputes amicably with the petitioners by their own free will without any undue pressure or coercion. There is also no allegation from respondents no. 2 and 3 that the conduct and antecedents of petitioners have been bad towards them.

10. In the case of B.S. Joshi & Ors. vs. State of Haryana & Ors 2003 (4) SCC 675, the Hon'ble Supreme Court has held that if for purpose of Signature Not Verified Digitally Signed CRL.M.C. 3300/2021 Page 3 of 4 By:DAMINI YADAV Signing Date:17.12.2021 19:01:28 securing the ends of justice, quashing of FIR becomes necessary and Section 320 of Cr.P.C. would not be a bar to the exercise of the power of quashing under Section 482 of Cr.P.C.

11. Moreover, the Hon'ble Supreme Court in Jitendra Raghuvanshi & Ors. vs. Babita Raghuvanshi & Anr. (2013) 4 SCC 58, has held that criminal proceedings on FIR or complaint can be quashed under Section 482 of Cr.P.C. in appropriate cases in order to meet the ends of justice.

12. In the instant case, as stated above, the parties have reached on the compromise and amicably settled the entire disputes without any undue pressure.

13. In view of the settlement arrived between the parties and the law laid down by the Hon'ble Supreme Court, the present petition is allowed. Accordingly, FIR bearing No. 81/2017 registered at Police Station Jyoti Nagar for offences punishable under Sections 308/34 of the IPC and all consequential proceedings emanating therefrom are quashed, subject to deposit of Rs. 20,000/- (Rupees Twenty Thousand only) by the accused persons to the Armed Forces Battle Causalities Welfare Fund with having Account No. 90552010165915 and IFSC Code CNRB0019055 in Canara Bank, within a period of two weeks from the date of this order. Receipt of the same shall be submitted to the Investigating Officer in the present case.

14. The petition stands disposed of.

CHANDRA DHARI SINGH, J DECEMBER 16, 2021 dy Signature Not Verified Digitally Signed CRL.M.C. 3300/2021 Page 4 of 4 By:DAMINI YADAV Signing Date:17.12.2021 19:01:28