Full Text
HIGH COURT OF DELHI
CRL.M.C. 629/2022
RAMESH CHANDRA & ORS. ..... Petitioners
Through: Mr. Suresh Sharma, and Mr. Suresh, Advs.
Ms. Sumati Sharma, Adv. with all the petitioners.
Through: Mr. Raghuvinder Verma, APP for the State with ASI Rajesh Kumar, PS
Tigri.
RADHE SHAYAM YADAV & ORS. ..... Petitioners
Through: Mr. Suresh Sharma, and Mr. Suresh, Advs.
Mr. Ajay Kumar ,Mr. Akash and Ms.Swati, Advs.
Through: Mr. Raghuvinder Verma, APP for the State with ASI Rajesh Kumar, PS
Tigri.
Date of Decision: 13th April, 2023
JUDGMENT
1. Both the petitions have been filed under section 482 Cr.P.C seeking quashing of FIR No. 101/2021 and 102/2021.
2. Briefly stated facts of the case are that FIR No. 101/2021 under Section 308/34 IPC was lodged by the Vicky Yadav, against Mukesh, Damodar and Mr. Ramesh Chand. On the same day, Seema also lodged an FIR No. 102/2021 under section 354 IPC against Radhe Shayam, Bijender and Vicky Yadav. It is submitted that the parties are neighbours living in the same locality. They had an heated argument and started abusing each other on the street of their locality. They also had an argument with each other 7-8 days before this incident took place in which both of them spoke ill about each other. Due to these incidents both of them filed cross-FIRs against each other.
3. After the investigation, the charge sheet in case FIR No. 101/2021 was filed under Section 307/34 IPC. However, it is submitted that now both the parties have reached on a settlement and two MoU in the respective cases have been placed on record.
4. The MoU dated 18.01.2022 between Radhe Shyam Yadav, Bijendra, Vicky and Seema has been placed on record and the terms and conditions reads as follows:
6. IO is present and has duly identified the petitioners as well as complainants in both the cases.
7. It has been repeatedly held by the Hon’ble Supreme Court and this court that when the chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, and where the court may be of the opinion that a settlement between the parties would lead to better relations between them, the court may exercise power under section 482 CrPC for quashing the proceedings or the complaint or the FIR as the case may be.
8. I consider that there would be no purpose of continuing with the proceedings. The parties have amicable settled the matter. In view of the above facts and circumstances, the case FIR No.101/2021 PS Tigri u/s 308/34 and FIR No. 102/2021 registered under section 354 IPC registered as PS Tigri and all the other proceedings emanating therefrom are quashed.
9. The present petitions stands disposed of.
DINESH KUMAR SHARMA, J APRIL 13, 2023 Pallavi