Sunny Singh alias Parminder Singh & Ors. v. State of NCT of Delhi & Anr.

Delhi High Court · 25 Jan 2023 · 2023:DHC:733

Dinesh Kumar Sharma

CRL.M.C. 521/2023 & CRL.M.C. 524/2023

2023:DHC:733

criminal petition_allowed

AI Summary

The Delhi High Court quashed two FIRs arising from a private neighborhood dispute after the parties amicably settled, imposing costs and community service as conditions.

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Neutral Citation Number 2023/DHC/000733

CRL.M.C. 521/2023 &

CRL.M.C. 524/2023
HIGH COURT OF DELHI
CRL.M.C. 521/2023
SUNNY SINGH ALIAS PARMINDER SINGH & ORS.... Petitioner
Through: Mr. Shashi Shanker, Advocate.

VERSUS

STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Satinder Singh Bawa, APP for the State
Ms. Nisha Satyarthi with Mr.Saksham Yadav and Mr. Prashant, Advocates for the complainant.

CRL.M.C. 524/2023
UPKAR SINGH & ORS ..... Petitioners
Through: Ms. Nisha Satyarthi with Mr.Saksham Yadav and Mr. Prashant, Advocates for the complainant.

VERSUS

STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Satinder Singh Bawa, APP for the State
Mr. Shashi Shanker, Advocate for the complainant.
Date of Decision: 25th January, 2023

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

JUDGMENT

DINESH KUMAR SHARMA, J.

(Oral)
Crl.M.A.2059/2023 (exemption) in CRL.M.C. 521/2023
Crl.M.A.2092/2023 (exemption) in CRL.M.C. 524/2023
Exemptions allowed subject to all just exceptions.

CRL.M.C. 521/2023 & CRL.M.C. 524/2023

1. These are two petitions seeking quashing of cross FIR No. 682/2021 registered under sections 354/509/34 IPC and FIR No. 677/2021 registered under sections 354A/323/34 IPC. Both the FIRs were lodged at PS Hari Nagar.

2. FIR No.677/2021 was lodged on the statement of Mrs. Tanjleen Kaur wife of Mr. Parminder Singh alleging therein that she was beaten up with a rod and was dragged on the floor along with her one-year old daughter by Upkar Singh, Amanpreet Singh and Banider Singh. It was further alleged that earlier also a complaint was filed against them. The complainant had alleged that while beating her, the accused persons had touched her in an inappropriate manner with wrong intentions. The said FIR was lodged on 27.11.2021. The second FIR No. 682/2021 was lodged on 02.12.2021 on the statement of Ms. Kanika Kochar wife of Mr. Amanpreet Singh alleging therein that on 26.11.2021 on hearing the noises she went outside and saw that her husband and father-in-law were being beaten up. It was alleged that she and her mother-in-law ran down and found that her husband and father in law were being beaten up by their neighbours. It was alleged that when she tried to intervene, Sunny Singh pushed her and threatened her. It was further alleged that Rinku Chadha also touched her on her chest and was touching her in an inappropriate manner.

3. Learned counsel for the petitioners submits that both the parties are neighbours to each other and have amicably resolved all their disputes with the help and intervention of well-wishers and common friends. The parties have reached on a memorandum of understanding dated 01.11.2022 on the following terms and conditions.

“1. That the confirming party no. 1 has agreed to withdraw the complaint dated 27.11.2021 filed against the second party by way of getting the FIR No. 677 dated 27.11.2021 quashed in favour of the second party. 2. That the confirming party no. 2 has agreed to withdraw the complaint dated 2.12.2021 filed against the first party by way of getting the FIR No.682 dated 2.12.2021 quashed in favour of the first party. 3. That for the aforesaid purpose both the confirming parties shall cooperate and shall also give their respective no objection/affidavits in this regard. 4. That both the confirming party have also given their respective independent consents for the aforesaid compromise/ settlement and for quashing of both the FIRs and have also signed the present Memorandum of Understanding dated 1.11.2022 with their respective free will, consent and volition. 5. That as per terms of the compromise/Memorandum of Understanding the conforming party no.1 and 2 have decided to withdraw the cases/complaint filed against first party and second party unconditionally and the first party and second party have also given their specific

consent for the same. It is agreed between the parties to lead their lives happily and independently.

6. That all parties have settled all their disputes and differences against each other and against the family members of each other.

7. That all the parties have no claim in respect of the aforesaid cases/FIRs/disputes and allegations leveled against each other with regards to the aforesaid cases/FIRs pending in the aforesaid courts and both the parties have settled all their disputes by signing the present settlement agreement.

8. That all the parties also undertake that they will not write any authority/govt. official/ any department in connection with or against the other party on any account whatsoever and the matter is settled fully and finally.

9. That the parties have taken the decision of settling the entire disputes keeping in view their future welfare and prospectus.

10. That the parties sign this agreement voluntarily, without and pressure, threat or coercion or any ill will.

11. That consent of either party has not been obtained by force fraud or undue influence.

12. That there is no collusion between the parties and they have signed the agreement after giving cool thoughts.”

4. Petitioners Upkar Singh, Amanpreet Singh, Sunny Singh @ Parminder Singh are present in Court in person. Baninder Singh, Rinku Chadha @ Harpreet Singh and Daman @ Damandeep Singh Kohli are present through video conferencing. Complainants are also present in person.

5. Both the parties submit that it was basically a dispute regarding parking between the parties.

6. Learned Addl. P.P. for the State submits that as per the Investigating Officer, there is no other dispute between the parties.

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7. Since the dispute 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. However, since both the parties have put an unnecessary burden on the exchequer, let a cost of Rs. 50,000/- each be deposited with the Delhi Advocate Welfare Fund. In addition to this, both the parties are directed to serve at least for two hours daily at Gurudwara Sisganj from tomorrow onwards for one month and file a certificate to this regard from the competent authority.

8. Taking into account the totality of facts and circumstances, the case FIR No. 682/2021 under sections 354/509/34 IPC and FIR No. 677/2021 under sections 354A/323/34 IPC, both registered at PS Hari Nagar and all proceedings emanating therefrom are quashed.

9. The present petitions stand disposed of.

10. List for compliance on 28th February, 2023.

DINESH KUMAR SHARMA, J JANUARY 25, 2023

Sunny Singh alias Parminder Singh & Ors. v. State of NCT of Delhi & Anr.

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