Delhi High Court - Orders
Sheesh Pal & Ors vs The State Nct Of Delhi & Ors on 28 September, 2021
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1567/2021
SHEESH PAL & ORS ...... Petitioners
Through Mr. Pradeep Kumar, Advocate with
petitioners in person
versus
THE STATE NCT OF DELHI & ORS ...... Respondents
Through Mr. Piyush Singhal, Advocate for
Mr.Ashish Aggarwal, ASC for the
State with ASI Laxmi Narayan, PS
Jaitpur
Complainant in person
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 28.09.2021 HEARD THROUGH VIDEO CONFERENCING
1. The instant petition under Article 226 of the Constitution of India read with Section 482 CrPC has been filed for quashing FIR No.339/2021 dated 06.07.2021 registered at Police Station Jaitpur for offences under Section 308 and 34 IPC.
2. It is alleged that the petitioners attacked the complainant due to which the complainant got injured and the instant FIR was lodged. It is further stated that the parties have amicably settled their disputes by a settlement deed dated 07.08.2021. As per the settlement both the parties have agreed to withdraw all the cases filed against each other. The complainant/respondent No.2 has filed an affidavit (page No.9 of the paperbook) affirming the fact W.P.(CRL) 1567/2021 Page 1 of 3 that he has amicably resolved his disputes in the present FIR.
3. It is stated by Mr.Pradeep Kumar, learned counsel for the petitioner that a cross-FIR bearing FIR No.338/2021 dated 06.07.2021 registered at Police Station Jaitpur for offences under Section 308 and 34 IPC has been quashed by this Court by an order dated 28.09.2021.
4. Today, the petitioners and the complainant have joined the proceedings through video conferencing. The complainant has been identified by ASI Laxmi Narayan, PS Jaitpur. The complainant/respondent No.2 states that he has amicably settled all his disputes with the petitioner out of his own free will, without pressure, coercion or undue influence. The parties undertake that they will remain bound by the terms of the settlement arrived at between them and the proceedings recorded before this Court.
5. Taking into account the nature of injuries, the fact that cross-FIR bearing FIR No.338/2021 dated 06.07.2021 registered at Police Station Jaitpur for offences under Section 308 and 34 IPC has been quashed by this Court today and to ensure that peace is established between the parties, this Court is of the opinion that no useful purpose will be served in continuing with the present proceedings.
6. In view of the settlement arrived at between the parties and the fact that the case is squarely covered under the law laid down by the Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, FIR No.339/2021 dated 06.07.2021 registered at Police Station Jaitpur for offences under Section 308 and 34 IPC and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertaking given to the Court.
7. Though the parties have amicably settled their disputes but this Court W.P.(CRL) 1567/2021 Page 2 of 3 is inclined to impose costs of Rs.10,000/- each on the petitioners. The amount shall be deposited with the Armed Forces Battle Casualties Welfare Fund. A copy of the receipt shall be filed in the Registry within three weeks from today.
8. The petition stands disposed of in above terms along with the pending application(s), if any.
SUBRAMONIUM PRASAD, J SEPTEMBER 28, 2021 hsk W.P.(CRL) 1567/2021 Page 3 of 3