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Delhi High Court · 04 May 2012 · 2012:DHC:8101
Atibha Rani
Crl.M.C.No.673/2012
2012:DHC:8101
criminal petition_allowed Significant

AI Summary

The High Court quashed an FIR under Sections 324, 341, and 34 IPC following an amicable settlement between parties, imposing costs to deter misuse of criminal proceedings.

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% 04.05.2012
Present:- Mr.Vijay Dalai for the petitioner.
Ms.Rajdipa Behura, APP for the State.
Crl.M.C.No.673/2012
JUDGMENT

1. This petition is filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.412/2011 under Section 324/341/34 IPC registered at P.S. Sangam Vihar, New Delhi and consequential proceedings arising therefrom.

2. The facts leading to the registration of the case FIR No.412/2011 P.S. Sangam Vihar, New Delhi are that heated arguments took place between petitioner No.l and petitioner No.2 with regard to cleanliness of bathroom, which led to a quarrel.

3. It is alleged that petitioner No.l came along with 2-3 boys and started beating petitioner No.2 and his brother Chhote Lai. When petitioner No.2 ran away from the spot, petitioner No.l and his accomplice Babbar chased him and Babbar hit him on his head with some sharp object and he fell down. After that police came and took him to Hospital.

4. Before registration of the said FIR No.412/2011, another FIR No.404/2011 was registered by brother of petitioner No.l herein, namely, Nitin under Section 308/341/34 IPC P.S. Sangam Vihar, New Delhi. 2012:DHC:8101 i

5. Learned counsel for the petitioners submits that the parties have arrived at an amicable settlement out of their own sweet will, without any pressure and force from any corner and petitioner No.2/complainant does not wish to pursue the complaint against the petitioner No.l any further and want that the said FIR and all proceedings emanating therefrom may be quashed.

6. On behalf of the State learned APP submits that currently the trend emerging is to initiate criminal proceedings to pressurize the other party to settle the dispute in order to avoid arrest and/or prosecution and since now both the cross cases i.e. FIR Nos.404/2011 and 412/2011 have been settled between the parties, some cost must be imposed for wasting the precious time of the Court.

7. Learned counsel for petitioners submits that petitioners are ready to contribute the amount, considered reasonable by the Court, for the purpose of charity and benefit of that strata of society needing such help.

8. In view of the aforesaid amicable settlement arrived at between the parties, I am of the considered view that no useful purpose would be served by continuing the criminal proceedings against petitioner No.l, which will only be an exercise in futile and wastage of precious time of the Court.

9. Accordingly, the petition is allowed and FIR No.412/2011 under Section 324/341/34 IPG, P.S. Sangam Vihar, New Delhi and all the proceedings arising therefrom are hereby quashed.

10. Petitioner No.l/Ajay Prakash is directed to deposit the cost of Rs.5,000/- with 'Delhi Legal Services Authority' within four weeks. A receipt of the same be filed in the Registry.

11. Dasti. MAY 04, 2012 aka ATIBHA RANI, J PRAl