Full Text
HIGH COURT OF DELHI
CRL.M.C. 3929/2022
SUKESH BHATNAGAR & ORS. ..... Petitioners
Through: Mr. Rajesh Kumar Singh and Mr. Ram Mohan Singh, Advs.
Through: Mr. Digam Singh Dagar, APP for State
Date of Decision: 02.08.2023.
JUDGMENT
1. The present petition has been filed under section 482 Cr.P.C seeking quashing of case FIR No. 124/2017 dated 03.04.2017 under Sections 354/506/34 IPC registered at PS Amar Colony, New Delhi.
2. Facts, in brief, the present FIR was lodged on the statement of respondent no.2 alleging that on 26.03.2017 at around 11.30 p.m., all the accused persons in the present FIR forcibly trespassed the respondent's house and began abusing and hitting the respondent's husband, who had suffered from a brain clot at the time.
3. However, now the parties submit that they have settled the matter amicably vide Memo of Understanding dated 01.08.2022 on the following terms and conditions:
4. I have interacted with the complainant who is present through VC and has duly been identified by the Investigating Officer. She has stated that She has arrived at the compromise voluntarily, out of her own free will, without any fear, force or coercion. Further, she states that she has no objection if the present FIR and the proceedings emanating therefrom are quashed.
5. The Investigating Officer states that there is no other case pending against the parties. The Investigating Officer also states that he has not received any other complaint against the parties.
6. The scope of powers conferred under Section 482 Cr.P.C. though wide but has to be exercised with circumspection. Such power has to be exercised in accord with the guidelines engrafted in such power viz.: (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. In cases where the offences are not compoundable in nature, the parties on account of an amicable settlement may invoke the inherent power under Section 482 Cr.P.C. for quashing the proceedings on the plea that continuance thereof would merely be an abuse of process of law, reliance has been placed upon Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179, Gian Singh v. State of Punjab, (2012) 10 SCC 303.
7. In the present case, both parties are neighbours and live in the same vicinity and have undertaken to maintain peace and harmony. In my considered opinion, it is in the interest of social harmony that they are given a chance to adhere to the settlement, which has been entered into between the parties out of their own free will.
8. Taking into account the totality of facts and circumstances and the fact that the parties are neighbours and have amicably decided to settle the matter, the case FIR No. 124/2017 dated 03.04.2017 under Sections 354/506/34 IPC registered at PS Amar Colony, New Delhi.
9. However, the petitioners are directed to plant 300 saplings each in the area to be identified by the IO and to this petitioner will also deposit a cost of Rs. 10,000/- with the Delhi Legal Services Authority.
10. List for compliance on 08.11.2023.
DINESH KUMAR SHARMA, J AUGUST 2, 2023