Gautam @ Gesu v. State

Delhi High Court · 24 Oct 2019 · 2019:DHC:5565
Brijesh Sethi
CRL. M.C. 5430/2019
2019:DHC:5565
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 326/34 IPC and Arms Act following an amicable settlement between the parties, exercising its inherent powers under Section 482 CrPC.

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CRL. M.C. 5430/2019
HIGH COURT OF DELHI
Date of Decision: October 24, 2019
CRL. M.C.5430/2019 and CRL.M.A. 38859/2019
GAUTAM @ GESU & ORS ..... Petitioners
Through Mr. Rajan Chaudhary, Advocate
VERSUS
STATE & ANR. ..... Respondents
Through Ms. Neelam Sharam, APP for the State with SI Mahipal Singh, P.S.:
Parsad Nagar Respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)

1. Quashing of FIR No. 294/2018, under Sections 326/34 IPC r/w Section 25/54 of Arms Act, registered at police station Parsad 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 dispute with the petitioners without any undue influence, coercion or pressure from any source whatsoever.

2. Notice.

3. Mr. Amit Peswani, 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. 2019:DHC:5565 CRL. M.C. 5430/2019

4. The petitioners and respondent no.2 have submitted that they have settled their disputes vide settlement/compromised deed on 01.10.2019.

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. 294/2018, under Sections 326/34 IPC r/w Section 25/54 of Arms Act, registered at police station Parsad Nagar, Delhi and the proceedings emanating therefrom are quashed qua petitioners.

7. The petition stands disposed of. The other pending application also stands disposed of.

JUDGE OCROBER 24, 2019/savita