Himanshu Chauhan & Hunny & Anr. v. The State & Anr.

Delhi High Court · 05 Sep 2017 · 2017:DHC:5134
Vinod Goel
W.P. (CRL) No.1581/2017 & W.P. (CRL) 1593/2017
2017:DHC:5134
criminal appeal_allowed

AI Summary

The Delhi High Court quashed two FIRs under IPC sections relating to minor offences following an amicable settlement between the parties, exercising its inherent powers under Section 482 Cr.P.C. to maintain peace and secure justice.

Full Text
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W.P. (CRL). No.1581/2017 & W.P. (CRL) 1593/2017
HIGH COURT OF DELHI
W.P. (CRL.) 1581/2017
HIMANSHU CHAUHAN & HUNNY & ANR. ..... Petitioners
Through: Mr. Rakesh Malhotra, Advocate with Mr.Siddharth Handa, Advocate.
VERSUS
THE STATE & ANR ..... Respondents
Through: Ms.Megha Bahl, Adv. for Mr. Avi Singh, Advocate with SI Parmender, P.S. Ranjit
Nagar, New Delhi.
Respondent No.2 in person.
W.P. (CRL.) 1593/2017
RAJAN CHAUHAN & ORS. ..... Petitioners
Through: Mr. Rakesh Malhotra, Advocate with Mr.Siddharth Handa, Advocate.
VERSUS
THE STATE & ANR ..... Respondents
Through: Mr. Rajesh Mahajan, ASC for the State with SI Pooja, P.S. Ranjit Nagar, New Delhi.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL O R D E R 05.09.2017
JUDGMENT

1. Status report has been filed. 2017:DHC:5134

2. Respondent No.2 Vipin Chauhan in W.P. (CRL.) No.1581/2017, and in the other W.P. (CRL.) No. 1593/2017, the respondent No.2 Ms.Manju Chauhan appears in person. Both of them are duly identified by the IO.

3. In writ petition, being W.P. (CRL.) No.1581/2017, the petitioners have invoked the writ jurisdiction of this Court under Article 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) for quashing of the FIR bearing No.505/2016, registered on 12.12.2016 against them, with Police Station Ranjit Nagar, Delhi under Sections 452/323 IPC on the complaint of respondent no.2.

4. In writ petition, W.P. (CRL.) No.1593/2017, the petitioners seek quashing of FIR No.159/2017, registered on 21.04.2017 against them, with Police Station Ranjit Nagar, Delhi under Sections 323/354B/34 IPC on the complaint of respondent no.2.

5. It is submitted by learned counsel for the petitioner that all the parties are resident of House No.2369/1, Mandir Wali Gali, Opposite Arya Samaj, Shadi Khampur, Delhi. Due to some misunderstanding, an altercation took place between the parties on 12.12.2016. Consequently, the abovesaid cross FIRs were registered.

6. The parties had amicably resolved and settled all their disputes by way of MOU/settlement deed dated 11.05.2017. The respondent No.2 Vipin Chauhan in W.P. (CRL.) 1581/2017 and respondent No.2 Ms. Manju Chauhan in W.P. (CRL.) 1593/2017 submit that they have amicably resolved and settled all their disputes with the petitioners. They submit that they do not want to pursue their respective FIRs. They submit that the said FIRs may be quashed.

7. Since, in the circumstances, when both the parties have amicably resolved and settled all their disputes by way of compromise deed dated 11.05.2017, no fruitful purpose would be served in pursuing the said FIRs. In these circumstance, to maintain the peace and harmony in the society and to secure ends of justice, the FIR bearing No.505/2016, registered on 12.12.2016 under Sections 452/323 IPC and FIR No.159 /2017, registered on 21.04.2017 under Sections 323/354B/34 IPC with Police Station Ranjit Nagar, Delhi and proceedings arising out of both FIRs are hereby quashed.

8. Both the petitions are disposed of accordingly.

9. Dasti.