Full Text
HIGH COURT OF DELHI
CRL.M.C. 1995/2022
ANUBHAV SHARMA ..... Petitioner
Through: Mr. Raghuvendra Singh, Advocate.
Through: Mr. Raghuvendra Varma, APP for the State with SI Ajay, PS Neb Sarai.
Mr. Rajesh Srivastava, Advocate for respondent No.2.
AKSHAT JIGGYASU & ANR. ..... Petitioners
Through: Mr. Rajesh Srivastava, Advocate.
Through: Mr. Raghuvendra Varma, APP for the State with SI Ajay, PS Neb Sarai.
Mr. Raghuvendra Singh, Advocate for respondent No.2.
Date of Decision: 07th March, 2023.
JUDGMENT
DINESH KUMAR SHARMA, J.
1. These are two petitions seeking quashing of cross FIR No. 403/2021 dated 24.09.2021 registered under sections 323/341/506 IPC and FIR NO. 400/2021 dated 23.09.2021 registered under sections 341/323/506/34 IPC. Both the FIRs were lodged at PS Neb Sarai.
2. FIR No. 403/2021 was lodged on the complaint of respondent No. 2 in CRL.M.C. 1995/2022, alleging therein, that on 15.09.2021 Mr. Anubhav Sharma was invited at the birthday party of the complainant's brother whereby he allegedly misbehaved with one girl. Later when the girl informed this to the complainant and the complainant took a stand, Anubhav Sharma misbehaved with the complainant, abused him, and threatened him of dire consequences over the telephone. Thereafter later that night in a preplanned move Anubhav Sharma went to the complainant's house and an altercation took place between them. It has been alleged that Anubhav Sharma hit the complainant and threatened to kill him. It has been further alleged that Anubhav Sharma even hit the brother of the complainant when he tried to intervene and resolve the fight. Later when the parents of the complainant also intervened, Anubhav Sharma hurled abuses at them. Thereafter, he went back only to return with his parents, relatives and other unknown persons and an altercation took place again. The unknown persons left, and the parents and relatives of Anubhav Sharma remained and called the police.
3. The other FIR No. 400/2021 was lodged on the complaint of respondent No. 2 in CRL.M.C. 2005/2022, alleging therein that on the same VERMA day at around 9:47 PM, Akhshat Jiggyasu told him on phone to come to his house in a planned manner. The complainant refused but Akhshat did not agree. When the complainant reached his house, Akshat Jiggyasu started abusing him and hitting him. Akshat even called his brother Aryan Jiggyasu and told him to bring an iron rod. It has been alleged that Aryan Jiggyasu came and attacked the complainant badly. The complainant was locked in the house and was beaten up badly. It has been alleged that the clothes of the complainant got torn and the complainant's father and uncle upon seeing this came and stopped Aryan and Akshat. It has been alleged that Akshat called other 4-5 boys from his gym as well as his friends and threatened to kill the complainant. It has been alleged that Akshat's mother changed his torn clothes and hid it. They also kept his wallet and phone. Somehow the complainant informed his parents, and they came and called the police. The Police later took the complainant to AIIMS for medical examination. Based on these complaints, the present FIRs got registered.
4. Learned counsel submits that the parties have since reconciled their differences with each other and have amicably settled the dispute voluntarily without any coercion, fraud or undue influence. Learned counsel submits that both the parties reside in the same vicinity. He submits that the parties are young and the dispute occurred due to some misunderstanding between them. Learned counsel submits that because of the misunderstanding an altercation took place on 15.09.2021. However, in the said incident neither party sustained any serious injuries.
5. It has been submitted that the petitioner and respondent no. 2, both come from reputed families and have no past criminal antecedents. Learned VERMA counsel submits that with the help and intervention of well-wishers and common friends the parties have voluntarily resolved all their disputes considering their mutual benefit, vide settlement agreement dated 06.04.2022 on the following terms and conditions:
6. The parties are present in person and have been duly identified by the IO. The parties state that the present dispute arose out of a misunderstanding which eventually led to an altercation. The parties state that they have amicably settled all their disputes and grievances and do not wish to pursue the present complaints any further. The parties state that they reside in the same vicinity and resolve to live peacefully in the future. The parties state that they have no objection if the present FIRs and all other proceedings emanating therefrom are quashed. The parties state that they are making the statement voluntarily against all claims (past, present and future) without any fear, force, undue influence or coercion. An affidavit to this effect has VERMA also been filed along with the petitions.
7. Learned Addl. P.P. for the State submits that as per the Investigating Officer, there is no other dispute between the parties.
8. Since the dispute between the parties is predominantly private in nature and the parties have settled all the disputes amicably, in the interest of justice it would be better to put a quietus to the dispute. The chances of conviction would also be bleak and remote, given that the parties do not wish to pursue the present complaint on account of the settlement. I do not see any reason to reject the settlement.
9. Taking into account the totality of facts and circumstances, the case FIR No. 403/2021 dated 24.09.2021 under sections 323/341/506 IPC in CRL.M.C. 1995/2022 and FIR No. 400/2021 dated 23.09.2021 under sections 341/323/506/34 IPC in CRL.M.C. 2005/2022, both registered at PS Neb Sarai and all other proceedings emanating therefrom are quashed.
10. However, I consider that since such kind of cases place a burden on the system, they owe a responsibility to the society for doing some social service. All the three persons namely Akshat Jiggyasu, Mr. Aryan Jiggyasu and Mr. Anubhav Sharma are directed to report to the Member Secretary, Delhi State Legal Service Authority on 13.03.2023 at 3 PM.
11. Member, Delhi State Legal Services Authority is requested to depute all the three persons namely Akshat Jiggyasu, Mr. Aryan Jiggyasu and Mr. Anubhav Sharma in some NGO where there is a program being run for adult education. Each accused persons shall devote one hour on every alternative VERMA day for one month for imparting adult education. Compliance report be placed on record.
12. List for compliance on 13th April, 2023.
DINESH KUMAR SHARMA, J MARCH 07, 2023 VERMA