Praveen @ Purshottam & Anr. v. The State Govt of NCT of Delhi & Anr.

1. The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of FIR No.64/2016, under Sections 308/323/341/506/34 IPC, registered at Police Station- Mandawali Fazalpur, Delhi and the proceedings emanating therefrom.

2. The factual matrix is that Surinder Kumar, the complainant in the subject FIR alleged that Praveen @ Purshottam and Pramod, the petitioner Nos.[1] and 2 respectively, who are his neighbours, attacked him and his sister 2016:DHC:2383-DB with a danda and inflicted injuries on the latter. A perusal of the MLC reveals that the injuries suffered by Surinder Kumar and his sister were, however, opined to be simple in nature. The altercation between the parties is stated to have arisen as a consequence of a complaint by Mr. Surinder Kumar that Praveen @ Purshottam and Pramod used to dump household garbage in front of his house.

3. The propensity for mindless violence over trifles seems to have overtaken society and manifestations of decent and civil behaviour seem to have become a rarity. To add injury to insult, when corrected, people display machismo rather than accept their mistakes and apologize for having made them.

4. Be that as it may, better sense seems to have prevailed and subsequent to registration of FIR, Praveen @ Purshottam and Pramod have apologized to Surinder Kumar and his sister and assured the latter that their conduct would be neighbourly henceforth. The salient terms and conditions of the amicable resolution of the disputes between the parties are enshrined in the statement dated 17.02.2016 annexed as Annexure C to this petition. The sailent terms and conditions of the said statement dated 17.02.2016 are reproduced as under:- “CERTIFICATE No. IN-DL168846909584100 COMPROMISE DEED This deed of compromise is executed on this 17th February, 2016 between Surender S/o Sh. Bijender Singh R/o D-317, Ganesh Nagar Complex, Pandav Nagar, Delhi – 110092 (hereinafter called the first party). AND

1. Praveen @ Purshottam

2. Pramod S/o Sh. Om Prakash Both R/o D-315, Ganesh Nagar Complex, Pandav Nagar, Delhi-110092 (hereinafter called the second party) Whereas both the parties are the neighbor and known to each other very well. And whereas very simple dispute arose between both the parties and regarding the same the first party got registered a case FIR No. 64/2016, u/s. 308/323/341/506/34 IPC dated 05.02.2016 with P.S. Mandawli Fazal, Delhi against the second party. And whereas due to the intervention of respectable persons, mutual friends and well wishers, both the parties have amicably settled/compromised their all disputes related to the above said FIR as per the settlement, both the parties shall not claim anything from each other with regard to the aforesaid FIR. And whereas the first party undertakes to cooperate the second party in getting quashed the above said FIR before the Hon’ble High Court of Delhi, New Delhi. That now both the parties with the intervention of some common friends resolved all the disputes between each other amicably with mutual consent without any pressure, undue influence from any side upon the parties. That now nothing is remaining left upon each other, the parties and all the enmities differences between the parties regarding all the points discusses in the FIR registered by the first party on 05.02.2016 against the second party at P.S. Mandawali Fazal, Delhi. Whereas both the parties are bound by the terms and conditions of this Compromise Deed. And whereas the above compromise between the parties has been made out of their independent free will and without any pressure, force, fraud, coercion or undue influence from either side or by any third person. And whereas the first party and the second party have put their respective hands into this deed after having fully understood the contents herein which have fully been read over and explained to them in vernacular in the presence of the family members and witnesses and the same shall be binding upon both the parties.”

5. In the present case, it is observed that the offences in the subject FIR do not fall within the exempted categories of serious/heinous offences which ought not to be quashed on the ground of an amicable resolution of the disputes. [Ref. Gian Singh vs. State of Punjab and Anr. reported as (2012) 10 SCC 303]. The offences alleged to have been committed in the subject FIR are private in nature and do not have a serious impact on society.

6. In view of the foregoing, since the dispute which resulted in the registration of the subject FIR has already been resolved amicably by and between the parties without any undue influence, pressure or coercion, no useful purpose will be served by proceeding with the subject FIR and the proceedings arising therefrom.

7. Consequently, FIR No.64/2016, under Sections 308/323/341/506/34 IPC, registered at Police Station- Mandawali Fazalpur, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua both the petitioners namely, Praveen @ Purshottam and Pramod subject to their performing sewa at Chota Hanuman Mandir, Ganesh Nagar within the jurisdiction of Police Station- Mandawali once a week on every Saturday between 06.00 a.m. and 09.00 a.m. for four consecutive Saturdays. The management of the said temple is requested to utilize the services of Praveen @ Purshottam and Pramod for performing sewa in any manner they deem fit. A communication in this behalf, certifying their good conduct, shall be furnished at the expiry of the period of sewa to the IO in the subject FIR namely,

8. The writ petition is allowed and disposed of accordingly.

SIDDHARTH MRIDUL, J MARCH 21, 2016 dn