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$-25 & 26 HIGH COURT OF DELHI
W.P.(CRL) 2285/2015
KHANDAR @ AMIT KUMAR & ORS Petitioners
Through: Mr Vishnu KantPandey, Advocate.
W.P.(CRL) 2285/2015
KHANDAR @ AMIT KUMAR & ORS Petitioners
Through: Mr Vishnu KantPandey, Advocate.
VERSUS
STATE & ANR
Through:
Through:
W.P.(CRL) 2286/2015
SHIVAM & ORS
Through:
SHIVAM & ORS
Through:
VERSUS
STATE & ANR
Through:
Respondent Mr SanjayLao, Addl. Standing Counsel
(Crl.) with SI S.P. Singh, PS- Gandhi Nagar.
Petitioners Mr Vishnu Kant Pandey, Advocate.
Respondents Mr Sanjay Lao,Addl. Standing Counsel
(Crl.) with SI S.P. Singh, PS- Gandhi Nagar.
Through:
Respondent Mr SanjayLao, Addl. Standing Counsel
(Crl.) with SI S.P. Singh, PS- Gandhi Nagar.
Petitioners Mr Vishnu Kant Pandey, Advocate.
Respondents Mr Sanjay Lao,Addl. Standing Counsel
(Crl.) with SI S.P. Singh, PS- Gandhi Nagar.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
12.10.2015 The present petitions under Article 226 of the Constitution of India read with Section 482 ofthe Code ofCriminal Procedure, 1973 seek quashing ofFIR
No.591/2015 under Sections 323/324/506/427/34 IPC and FIR No.590/2015 under Sections 323/341/506/34 IPC, both registered at Police Station- Gandhi
Nagar, Delhi, and theproceedings emanating therefrom.
The petitioners in WP(Crl.) No.2285/20I5 are the accused in FIR
No.591/2015 which has been instituted on a complaint filed by one Sher Singh.
2015:DHC:11082 The petitioners in WP(Crl.) No.2286/2015 are the accused in FIR No.590/2015 filed on behalfof oneMandeep .
The facts as are necessary for the adjudication ofthe present petitions are that a quarrel took place between the parties on 14.09.2015. The FIR NO. 590/2015 was instituted on a complaint filed by the said Mandeep. The FIR
No.591/2015 was instituted on behalfof the said Sher Singh whose sonShivam isthe petitioner/accused inFIR No.590/2015 (WP(Crl.) No.2286/2015).
Counsel appearing on behalf of the parties in both these writ petitions state thatwith the intervention ofrespected members ofthe colony where allthe parties reside, an amicable resolution has been arrived at. A compromise deed dated 21.09.2015 has been entered into. The salient terms and conditions are as under:-
"WHEREAS the first party due to some misunderstanding has lodged a complaint against the second parties and other co-accused and based upon the said complaint the police of P.S. - Gandhi Nagar registered a case/FlRNo. 590/2015, dated 15/09/2015, U/S 323/341/506/34 l.P.C.
AND WHEREAS both the parties are now mutually settled the present dispute with the intervention of some respectable persons of the locality and well wishers of both the parties, the matter between both the parties have been settled amicably out of the court without any force, coercion, pressure or undue influence from any side or comer.
AND WHEREAS the first party does not want to proceed with his complaint against the second parties and is also ready to give his statement before the court as and when required by the court.
AND WHEREAS both the parties shall not initiate any proceedings against each other before any authority in future in any matter.
AND WHEREAS both the parties have agreed to be bound with this COMPROMISE-CUM-
SETTLEMENT Deed and shall not turned down from their words/statements in future."
In a nutshell it has been agreed by and between the complaints and the accused in these petitions that they shall conduct themselves in a civilized mamier without taking the law into their own hands and shall not institute complaints against one another.
Sher Singh, the complainant in WP(Crl.) No.2285/2015 and Mandeep, the complainant in WP(Crl.) No. 2286/2015, who are present in court and have been identified by SI C.P.Singh, Police Station- Gandhi Nagar, state that they are no longer keen to prosecute the subject FIRs and the proceedings arising therefrom.
In view of the afore-stated amicable settlement, since the dispute which arose on a quarrel that took place between the parties, has been amicably resolved by and between the parties without undue influence, pressure or coercion, no useful purpose will be served by proceeding with the subjectFIRs and the proceedings arising therefrom. Resultantly, the FIRNo.591/2015 under
Sections 323/324/506/427/34 IPG and FIR No.590/20I5 under Sections
323/341/506/34 IPG, both registered at Police Station- Gandhi Nagar, Delhi, and the proceedings emanating therefrom are set aside and quashed qua the petitioners subject to each of them depositing a sum of Rs.5,000/- with the
Advocate Welfare Fund, Bar Counsel of Delhi, within a period of two weeks from today. The receipt ofthe deposit befurnished to the 10 inthe subject FIR.
With the above directions the writ petition are dispo^d of.
Dasti.
SII HARTH MRIDUL, J OCTOBER 12,2015 mk
12.10.2015 The present petitions under Article 226 of the Constitution of India read with Section 482 ofthe Code ofCriminal Procedure, 1973 seek quashing ofFIR
No.591/2015 under Sections 323/324/506/427/34 IPC and FIR No.590/2015 under Sections 323/341/506/34 IPC, both registered at Police Station- Gandhi
Nagar, Delhi, and theproceedings emanating therefrom.
The petitioners in WP(Crl.) No.2285/20I5 are the accused in FIR
No.591/2015 which has been instituted on a complaint filed by one Sher Singh.
2015:DHC:11082 The petitioners in WP(Crl.) No.2286/2015 are the accused in FIR No.590/2015 filed on behalfof oneMandeep .
The facts as are necessary for the adjudication ofthe present petitions are that a quarrel took place between the parties on 14.09.2015. The FIR NO. 590/2015 was instituted on a complaint filed by the said Mandeep. The FIR
No.591/2015 was instituted on behalfof the said Sher Singh whose sonShivam isthe petitioner/accused inFIR No.590/2015 (WP(Crl.) No.2286/2015).
Counsel appearing on behalf of the parties in both these writ petitions state thatwith the intervention ofrespected members ofthe colony where allthe parties reside, an amicable resolution has been arrived at. A compromise deed dated 21.09.2015 has been entered into. The salient terms and conditions are as under:-
"WHEREAS the first party due to some misunderstanding has lodged a complaint against the second parties and other co-accused and based upon the said complaint the police of P.S. - Gandhi Nagar registered a case/FlRNo. 590/2015, dated 15/09/2015, U/S 323/341/506/34 l.P.C.
AND WHEREAS both the parties are now mutually settled the present dispute with the intervention of some respectable persons of the locality and well wishers of both the parties, the matter between both the parties have been settled amicably out of the court without any force, coercion, pressure or undue influence from any side or comer.
AND WHEREAS the first party does not want to proceed with his complaint against the second parties and is also ready to give his statement before the court as and when required by the court.
AND WHEREAS both the parties shall not initiate any proceedings against each other before any authority in future in any matter.
AND WHEREAS both the parties have agreed to be bound with this COMPROMISE-CUM-
SETTLEMENT Deed and shall not turned down from their words/statements in future."
In a nutshell it has been agreed by and between the complaints and the accused in these petitions that they shall conduct themselves in a civilized mamier without taking the law into their own hands and shall not institute complaints against one another.
Sher Singh, the complainant in WP(Crl.) No.2285/2015 and Mandeep, the complainant in WP(Crl.) No. 2286/2015, who are present in court and have been identified by SI C.P.Singh, Police Station- Gandhi Nagar, state that they are no longer keen to prosecute the subject FIRs and the proceedings arising therefrom.
In view of the afore-stated amicable settlement, since the dispute which arose on a quarrel that took place between the parties, has been amicably resolved by and between the parties without undue influence, pressure or coercion, no useful purpose will be served by proceeding with the subjectFIRs and the proceedings arising therefrom. Resultantly, the FIRNo.591/2015 under
Sections 323/324/506/427/34 IPG and FIR No.590/20I5 under Sections
323/341/506/34 IPG, both registered at Police Station- Gandhi Nagar, Delhi, and the proceedings emanating therefrom are set aside and quashed qua the petitioners subject to each of them depositing a sum of Rs.5,000/- with the
Advocate Welfare Fund, Bar Counsel of Delhi, within a period of two weeks from today. The receipt ofthe deposit befurnished to the 10 inthe subject FIR.
With the above directions the writ petition are dispo^d of.
Dasti.
SII HARTH MRIDUL, J OCTOBER 12,2015 mk
JUDGMENT