Ajay Kumar v. State (NCT of Delhi) and Ors

1. The present petition has been filed for quashing FIR No.1324/2021 registered under Sections 448/34 IPC at P.S. Nihal Vihar. The FIR was VERMA lodged at the statement of Afzal/respondent No.2 wherein he alleged that on 25.11.2021 at around 3:30 PM, while he was working with Smt. Durga Devi in the shop of respondent No.3/Sh. Ansaruddin at RZG-148, Nihal Vihar, two women and one man came there and started throwing the goods outside the shop. He further alleged that he along with the said Smt. Durga Devi tried to stop them but they were thrown out of the shop. Thereafter he made a complaint and on the basis of the said complaint, FIR No.1324/2021 under Sections 448/34 IPC was lodged at P.S. Nihal Vihar

2. Learned Counsel for the petitioners submits that due to the intervention of the relatives, common friends and respectable persons of the society, the parties have reached a settlement. He submits that pursuant to the settlement the parties have decided to burry all their hatchet and to live peacefully and therefore no purpose would be served in continuing with the proceedings emanating from the above-mentioned FIR.

3. The Settlement Deed dated 19.01.2023 duly signed by both the parties has been placed on record which reads as under:- “AND WHEREAS a minor scuffle/quarrel took place due to minor dispute between the second part of the first party and the second party, consequent thereto on the complaint of the first part of the first party, the police officials of PS Nihal Vihar, Delhi got registered the case F. I.R. No. 1324/2021 U/s 448/34 IPC against the second party..

AND WHEREAS due to intervention of the relatives, well wisher, friends and respectable persons of the society, the matter amicably settled down and all their disputes resolves and both the parties reached on a settlement and it was decided that both the parties shall withdraw the instant case VERMA F.I.R. No. 1324/2021 U/s 448/34 IPC, P.S. Nihal Vihar Delhi from the concerned court.

AND WHEREAS both the parties have resolved their dispute and buried their differences and decided to live peacefully and the first party after settlement shall not pursue the case and shall made the statement before the Hon’ble High Court for quashing of said FIR.

AND WHEREAS both the parties have no grudge against each other and will not do any act which cause inconvenience to each other. Both sides will not make any comments against each other and also not lodge the complaint against each other and will live peacefully.

AND WHEREAS the parties to the settlement Deed shall file the petition under Article 226 of the Constitution of India read with Section 482 Cr. P. C. for quashing of the F.I.R. NO. 1324/2021 U/s 448/34 IPC. P.S. Nihal Vihar, Delhi before the Hon’ble High Court of Delhi at New Delhi and the First Party shall record the statement before the Hon'ble High Court of Delhi.

AND WHEREAS both the parties have decided that they shall live in peaceful atmosphere and shall not create any hindrance and shall maintain the peace and harmony amongst the parties.

AND WHEREAS no dispute left between the parties and there is no ill-will or any enmity between the parties and the parties to this settlement Deed have settled all their disputes with their own wishes.

AND WHEREAS both the parties have settled the aforesaid dispute without any pressure, coercion, threat and undue influence from any corner.” VERMA

4. All the parties present in the court have duly been identified by the IO. They state that there was some miscommunication and misunderstanding between them which resulted in the incident. However, now they have amicably settled their disputes amicably without any force, pressure or threat.

5. The Investigating Officer also states that after the date of the incident, there has been no complaint against the petitioners.

6. Since the dispute is private in nature and the parties have agreed to resolve the same amicably, I consider that the ends of justice would be met if the parties are given a chance to adhere to the settlement arrived and live peacefully.

7. Accordingly, the settlement agreement is accepted and the FIR No.1324/2021 registered under Sections 448/34 IPC at P.S. Nihal Vihar and all the other proceedings emanating therefrom are quashed.

8. The present petition stands disposed of.