Full Text
HIGH COURT OF DELHI
Date of Decision: 07.05.2025 ,,,,,,,,,, CRL.M.C. 2880/2025 & CRL.M.A. 12893/2025 (exemption)
MONU & ORS. .....Petitioners
Through: Ms. Ria Goyal, Adv.
Through: Mr. Hitesh Vali, APP for the State
Krishna Nagar.
Mr. Kamal Singh Adv. for R-2
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0324/2010, dated 13.12.2010 registered at P.S Krishnan Nagar under sections 324/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. It is submitted that the Respondent No.2 was on his way to buy groceries when he was stopped and assaulted by the petitioners. The Respondent No.2 sustained injuries to his head and back. Thereafter, the Respondent No.2 lodged against the petitioners. The charge sheet against the petitioners has been filed under sections 324/325/34 IPC.
3. During the proceedings, the parties have amicably resolved their disputes and have executed a Memorandum of Understanding (MoU) dated 13.01.2025. In pursuance of the MoU, it is submitted that the parties shall cooperate in quashing of the aforesaid FIR. The copy of the Memorandum of Understanding (MoU) dated 13.01.2025 has been placed on record as Annexure P-3.
4. The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:- “29.04.2025 Today, statement of respondent no. 2 & IO has been recorded to ascertain the veracity and the genuineness of the parties entering into settlement. Respondent no. 2 & IO has been identified by his counsel & IO. Let the pre-verified statement along with this order be placed before the Hon'ble Court on 07th May, 2025.
5. Petitioner nos.1-4 are physically present before the Court while R-2 entered his appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer Gajal Chugh from PS Krishnan Nagar.
6. Respondent No.2 confirms that the matter has been settled with the petitioners without any force, fear, coercion and he has no objection if the FIR No. 0324/2010 is quashed against the petitioner.
7. In view of the settlement between the parties, learned Additional PP appearing for the State, submits that the present FIR No. 0324/2010 be quashed with appropriate costs.
8. In Gian Singh Vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
9. In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0324/2010, dated 13.12.2010 registered at P.S Krishnan Nagar under sections 324/34 IPC alongwith charge sheet and all the other consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR NO. 0324/2010, dated 13.12.2010 registered at P.S Krishnan Nagar under sections 324/34 IPC along with the charge sheet and all the other consequential proceeding emanating therefrom is hereby quashed.
11. Petition is allowed and disposed of subject to the cost of Rs. 5000/- imposed on each petitioner to be deposited with the Delhi High Court Legal Services Committee within 2 weeks.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J MAY 07, 2025