Bhagat Singh & Ors. v. State of NCT of Delhi & Anr

Delhi High Court · 18 Sep 2017 · 2017:DHC:5566
Vinod Goel
Crl.M.C. 3155/2017
2017:DHC:5566
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 323, 341, 354(D), 506, and 509 IPC following an amicable settlement between the parties, exercising its inherent powers under Section 482 Cr.P.C. to secure ends of justice.

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Crl.M.C 3155/2017 HIGH COURT OF DELHI
CRL.M.C. 3155/2017
BHAGAT SINGH & ORS. ..... Petitioners
Through: Mr.S.N. Bhardwaj, Advocate with petitioners in person.
VERSUS
STATE OF NCT OF DELHI & ANR ..... Respondents
Through: Ms. Aashaa Tiwari, APP for the State along with SI Kailash Chand, PS R.K.
Puram, New Delhi.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL O R D E R 18.09.2017
JUDGMENT

1. Status report has been filed.

2. The petitioners have approached this court under Section 482 of Code of Criminal Procedure, 1973 (in short ‘Cr.P.C.’) for quashing of the FIR bearing No.575/2014, registered against them on 12.08.2014 with Police Station R.K.Puram, District South, Delhi under Sections 323/341/354(D)/506/509 IPC on the complaint of respondent No.2.

3. Learned ASC through the IO submits that the charge sheet has already been filed. However, the charge has so far not been framed by the Trial Court.

4. As per allegations in the FIR, the petitioner no. 1 used to follow, 2017:DHC:5566 Crl.M.C 3155/2017 abuse and assault the complainant as he was under the impression that the respondent no. 2 had taken his wife to her sister’s house at Sonepat and left her there. In her statement recorded under Section 164 of Cr.PC, the respondent no. 2 made improvements and added allegations of beating her against the petitioner no. 2 to 5, who are mother, brother, maternal uncle and aunt of the petitioner no. 1.

5. The petitioner no. 1 submits that in future he shall neither indulge in any such behavior nor repeat such conduct.

6. The respondent No.2 states that she had voluntarily settled and resolved all disputes with the petitioners without any force and coercion. She submits that she does not want to pursue the said FIR. She submits that the said FIR may be quashed.

7. The matter had been amicably settled between the parties and no fruitful purpose would be served in further pursuing the said FIR. Hence, to have peace and harmony in the society and to secure ends of justice, the FIR bearing No.575/2014, registered on 12.08.2014 with Police Station R.K.Puram, District South, Delhi under Sections 323/341/354(D)/506/509 IPC and proceedings arising out of the said FIR are hereby quashed.

8. The petition is disposed of accordingly.

9. DASTI.