Naresh @ Naresh Sahrawat & Ors. v. State & Anr.

Delhi High Court · 31 Oct 2019 · 2019:DHC:5643
Brijesh Sethi
W.P.(Crl.) 2933/2019
2019:DHC:5643
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 308/34 IPC on the ground of an amicable and voluntary settlement between the parties, exercising its inherent powers under Section 482 CrPC.

Full Text
Translation output
W.P.(Crl.) 2933/2019 HIGH COURT OF DELHI
Date of Decision: October 31, 2019
W.P.(CRL) 2933/2019 and CRL.M.A. 38304/2019 (stay)
NARESH @ NARESH SAHRAWAT & ORS. ..... Petitioners
Through Mr. Manu Padalia, Advocate
VERSUS
STATE & ANR. ..... Respondents
Through Ms. Shivani Sharma, Advocate for Ms. Richa Kapoor, ASC for the
State with SI Sandeep, P.S.:
Lahori Gate DCP Monika Bhardwaj, P.S.:
Mourice Nagar ACP Civil Lines Ashok Tyani, SHO M/N Ramavtar Tyagi, SI
Divesh, SI Dandeep and ASI Raj Kumar Respondent nos.2 in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)

1. Quashing of FIR No. 0112/2017, under Sections 308/34 IPC, registered at police station Maurice Nagar, Delhi is sought on the ground that the dispute between the parties stands amicably settled. Respondent no.2 is present in the court today and submits that he has settled the 2019:DHC:5643 W.P.(Crl.) 2933/2019 dispute with the petitioners without any undue influence, coercion or pressure from any source whatsoever.

2. Notice.

3. Ms. Shivani Sharma, learned counsel for the respondent/State accepts notice and submits that petitioners as well as respondent No.2/ complainant of this FIR, who are present in the Court have been duly identified by the Investigating Officer of this case.

4. The petitioners and respondent no.2 have submitted that they have settled their disputes. Affidavit of respondent no.2 regarding settlement with the petitioners is already on record.

5. Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved. Respondent No.2 further submits that now no dispute with petitioners survives and therefore, the proceedings arising out of the FIR in question be brought to an end.

6. Since the dispute stands amicably resolved between the parties, the petition is allowed and FIR No. 0112/2017, under Sections 308/34 IPC, registered at police station Maurice Nagar, Delhi and the proceedings emanating therefrom are quashed qua petitioners.

7. The petition stands disposed of accordingly.

JUDGE OCROBER 31, 2019/savita