Kapil Kumar and Ors. v. State and Anr & Anr.

1. The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 258/2019 registered at PS Malviya Nagar under sections 323/354/509/34 IPC.

2. Briefly stated, the facts as per the FIR are thatthe complainant alleges that on 23.08.2019, she along with her brother, Akash was returning home when petitioner no.1 began abusing them and upon being questioned as to why he was doing so, he physically assaulted the complainant and her brother. Subsequently, when confronted by their mother upon the same, the four petitioners beat up the complainant and her family. Learned counsel submits that the chargesheet, in this case, has already been filed and the matter is pending before the Learned MM, Saket Courts, New Delhi.

3. Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably, and in furtherance thereof, they have entered into a settlement agreement dated 15.5.2023 before the Mediation Centre, Saket Courts, New Delhi. The petitioners and respondentno.2 have amicably settled their disputes without anyconsideration amount.

4. Furthermore, the Learned Counsel for the petitioners submits that since the parties have resolved all their differences amicably, therefore, it would be in the interest of justice to quash FIR NO. 258/2019 registered at PS Malviya Nagar under sections 323/354/509/34 IPCand all the proceedings emanating therefrom.

5. The settlement arrived at the Mediation Centre, Saket Courts, Delhi dated 15.05.2023 on the following terms and conditions:

6. All the parties are present in court and have duly been identified by the IO. Further, the IO states that except the present FIR there is no other case pending against the petitioners.Respondent No. 2 submits that she has entered the settlement voluntarily without any fear, force, or coercion.She has no objection if FIR No. 258/2019 registered at PS Malviya Nagar under sections 323/354/509/34 IPC, New Delhi is quashed.

7. The Hon’ble Supreme Court in Saju P.R. v. State of Kerala, Criminal Appeal No.1740/2019 inter-alia held that: “Considering the peculiar facts of the present case, the affidavit filed by the complainant and other materials on record, in our opinion, the relief claimed by the appellant to quash the criminal proceedings pending against him deserves to be acceded to for doing complete justice to the parties concerned.”

8. The Kerala High Court in Vishnu v. State of Kerala &Anr. and other connected matters, 2022 SCCOnline Ker 4361 inter-alia held that:

9. It is settled law that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence, the gravity of the case, and the amicable settlement between the concerned parties.

10. Taking into account the totality of facts and circumstances of the case and doing complete justice to the future of Respondent No. 2, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force, or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial.

11. However, considering their conduct, the petitioners are burdened with the cost of Rs.5,000/-each to be deposited withthe “Delhi High Court Legal Service Committee.”

12. Taking into account the totality of facts and circumstances, the present case FIR No. 258/2019 registered at P.S. Malviya Nagar under sections 323/354/509/34 IPC and all the proceedings emanating therefrom are quashed.

13. The present petition stands disposed of.