CIVIL APPEAL 9389/2024
Parties
- GURUPAL @ JONE@ VIJAY& ORS (PETITIONER)
- THE STATE NCT OF DELHI & ORS (RESPONDENT)
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Statutes cited (1)
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$~17*INTHEHIGHCOURTOFDELHIATNEWDELHI+CRL.M.C. 9389/2024
GURUPAL @ JONE@ VIJAY& ORS......PetitionersThrough:Mr.ArchitUpadhayay,Adv.(DHCLSC).Mr. M. Jha, Adv.
versus
THE STATE NCT OF DELHI & ORS......RespondentsThrough:Ms. Kiran Bairwa, APP for State withSI Braham Prakash, PS. Sultanpuri.
CORAM:HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R R%06.02.2025CRL.M.A. 36003/2024 (exemption)
1.Allowed, subject to all just exceptions.
2.Application stands disposed of.
CRL.M.C. 9389/2024
3.The present petition has been filed under Section 528 BNSS, 2023seekingquashingofFIRNo.680/2018underSections323/341/354A/506/509/34 IPC registered at Police Station Sultanpuri and allconsequential proceedings emanating therefrom on the ground that the partieshave arrived at settlement.
4.Issue notice. The learned APP for the State accepts notice. He submitsthat since the FIR is an outcome of scuffle and the parties have arrived at asettlement, the State has no objection in case the FIR in question is quashed.5.The petitioner nos.1 to 3, as well as, the respondent nos. 2 and 3, arepresent in Court and they have been identified by their respective counsel, aswell as, by the Investigating Officer SI Braham Prakash, PS. Sultanpuri.
6.The case of the prosecution is that the FIR was registered at the
instance of the respondent no.2 wherein he alleged that the respondent nos. 2and 3 were beaten by the petitioners and they also misbehaved with therespondent no.3.
7.The learned counsel for the petitioners submits that the parties arerelated to each other in as much as the daughter of the respondent no.3 ismarried to the petitioner no.3 and the present FIR is offshoot of familydispute.
8.During the pendency of the proceedings, the parties have arrived at asettlement, terms whereof were reduced in writing in the form ofSettlement/Compromise Deed dated 07.09.2024, which is annexed asAnnexure to the present petition.
9.It is term of the settlement that the parties with the intervention offamily and friends have resolved all their disputes amicably without anycoercion or pressure.
10.It is also term of the settlement that the respondent nos.2 and 3 willcooperate with the petitioners for the quashing of the present FIR.
11.The respondent nos.2 and 3, on query posed by the Court, state thatthey have no objection in case the FIR is quashed.
12.In view of the settlement between the parties, the ultimate chances ofconviction in the case are bleak, therefore, continuation of criminalproceedings will not serve any useful purpose and it will be an exercise infutility.
13.It is, thus, in the interest of justice that the present FIR and all the otherproceedings emanating therefrom be quashed.
14.Consequently, the petition is allowed and the FIR No.680/2018 underSections323/341/354A/506/509/34IPCregisteredatPoliceStation
Sultanpuri alongwith all other proceedings emanating therefrom, is quashed.
15.The petition stands disposed of in the above terms.
16.Order be uploaded on the website of this Court.
FEBRUARY 6, 2025/dss
VIKAS MAHAJAN, J