Panna Lal & Ors. v. State Govt. of NCT of Delhi and Anr

1. This is a petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking quashing of FIR No. 480/2013, dated 20.10.2013, registered at P.S Aman Vihar, Delhi under sections 308/506/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

2. Briefly stated, the facts as per the FIR are that On 18.10. 2013, the complainant was collecting clothes at Rahul Tailor’s shop in Karan Vihar Phase 5, when Petitioners 1 and 2 arrived, grabbed the complainant’s collar, boasted of being the area’s “dons” and kicked him onto the road. Assisted by Petitioners 3,[4] and 5 they then struck the complainant’s head multiple times with bricks and stones, inflicting profuse bleeding and leaving him for dead before fleeing. After medical treatment, the complainant recorded his statement on 20.10.2013 accusing the petitioners of an intentional murderous assault and habitual intimidation of residents. The charges were framed on 15.01.2024 by the learned ASJ-05, North-West District, Rohini.

3. It is further submitted that both the parties have entered into a Memorandum of Understanding (MoU) dated 13.11.2024. The matter has been settled for a sum of ₹2,50,000 to be contributed equally at ₹50,000 each by the petitioners and the said amount has been duly paid to respondent no.2.

4. Petitioners 2 to 5 and the Respondent no. 2/complainant are physically present before the Court while Petitioner no. 1 has entered his appearance through VC. They have been identified by their respective counsels as well as by the IO, from PS Aman Vihar.

5. Respondent No.2 confirms that he has entered into an amicable settlement dated 13.11.2024 voluntarily without any fear, force, or coercion with the petitioners and states that he has received the entire settlement amount of Rs. 2,50,000/- and in view thereof has no objection if the present FIR and all the proceedings emanating therefrom are quashed.

6. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 480/2013 is quashed.

7. In Gian Singh v. State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- “…….61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

8. 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. 480/2013, dated 20.10.2013, registered at P.S Aman Vihar, Delhi under sections 308/506/34 IPC and all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and the FIR No. 480/2013, dated 20.10.2013, registered at P.S Aman Vihar, Delhi under sections 308/506/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

10. Petition is allowed and disposed of accordingly.

11. Pending application(s), if any, also stand disposed of.

RAVINDER DUDEJA, J FEBRUARY 28, 2025/sky/na