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HIGH COURT OF DELHI
CRL.M.C. 6434/2022
DEV & ORS. ..... Petitioners
Through: Ms.Malvika Choudhary and Mr.Sanchit Saini, Advocates with all the petitioners.
Through: Mr.Hemant Mehla, APP for the state.
ASI Ram Chander, PS Khyala Mr.Ujwal Ghai, Adv. for complainant.
Date of Decision: 05.01.2023
JUDGMENT
1. In pursuance to the order dated 01.12.2022 passed by this Court, IO states that the petitioners have rendered the service 30 days for three hours per day at Sai Vridh Ashram, Sadhu Savitri Sai Seva Samiti, RZ- B-4, Nala Road, Nihal Vihar, New Delhi-41.
2. This is a petition filed under Section 482 Cr. PC seeking quashing of the FIR NO. 0580 dated 5th August, 2022 under Sections 308/34 IPC PS Khyala West, New Delhi. Learned counsel for the petitioner has submitted that the matter has been amicably settled between the parties. Signing The settlement agreement dated 23.09.2022 has been placed on record. Injured respondent no.2 is stated to be around 17 years of age. He has entered into settlement through his natural guardian father Mr.Aman son of Sh.Krishan Lal. It has been stated that both the parties live in the same locality and are known to each other for last many years. It has been submitted that now the parties have amicably settled all the disputes and have agreed to live as good neighbors and friends in future. The relevant paras of the settlement agreement executed between the parties read as under:
3. The perusal of the FIR indicates that the accused persons assaulted the complainant. As per MLC there was swelling and tenderness below right elbow with 5 CLW and swelling and tenderness right lower leg. Besides this, there was 1 cm CLW over optical area and multiple bruise upper and lower size. IO states that as per MLC, the natures of injuries were grievous. IO further states that the injured was discharged from the hospital on the same day. Signing
4. The complainant/injured is present along with his father. The court had interacted with both of them. They state that they have entered into a settlement without any fear, force and coercion.
5. It has repeatedly been held by this court and the Hon’ble Supreme Court that if there is a trivial dispute between the parties and they have settled the matter amicably, it is desirable to put a quietus to the matter in dispute. It has also been held that merely because the FIR is registered under Section 308 IPC, it would not debar the court from quashing the FIR. The court has to look at the nature of injuries and all the attendant circumstances. Reliance can be placed on 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.
6. This court considers that since the parties have entered into a settlement amicably and The petitioners have also rendered the service in pursuance to the order dated 01.12.2022 passed by this Court.
7. In view of the above observations, the FIR No. 0580 dated 5th August, 2022 under Sections 308/34 IPC PS Khyala West, New Delhi along with all the proceedings emanating therefrom is quashed.
8. The petition stands disposed of.
DINESH KUMAR SHARMA, J JANUARY 5, 2023 rb.. Signing