Delhi High Court – Orders
Parteek And Anr vs The State Nct Of Delhi And Anr on 20 December, 2024
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 8826/2024, CRL.M.A. 33764/2024.
PARTEEK AND ANR. .....Petitioners
Through: Mr. Bharat Sareen, Mr. Piyush
Wadhwa and Mr. Arun Gupta,
Advocates
versus
THE STATE NCT OF DELHI AND ANR .....Respondent
Through: Mr. Satish Kumar, APP for the State
with SI Sanjeev, P.S. Kalkaji
Mr. Anshul Syal, Ms. Bhavana
Duhoon, Advocates for
complainant/R-2
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 20.12.2024
1. The instant petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier under Section 482 of
the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C“)] has been filed
on behalf of the petitioners praying for quashing of FIR bearing No.
734/2021 registered at Police Station – Kalkaji, New Delhi for offences
punishable under Sections 506/509/341/354/34 of the Indian Penal Code,
1860 (hereinafter “IPC“).
2. The brief facts of the case are that on 23rd November, 2020, petitioner
no. 1 met with a car accident and the said vehicle was being driven by
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respondent no. 2’s husband. The petitioner no. 1 sustained injuries due to
the said accident and accordingly, filed an FIR bearing no. 388/2021 under
Sections 279/338 of the IPC against the respondent no. 2’s husband.
Thereafter, respondent no. 2 made a complaint against the petitioners and
registered the instant FIR against them.
3. Learned counsel for the petitioners submitted that with the
intervention of family members and relatives, the parties entered into
settlement vide Settlement Agreement dated 18th December, 2023. The
terms and conditions of the said settlement are mentioned in the Settlement
Agreement which is annexed as Annexure-D to the instant petition.
4. Therefore, it is prayed that the instant FIR be quashed on the basis of
Settlement Agreement dated 18th December, 2023 and in accordance with
the settled law on this point as posited by the Hon’ble Supreme Court.
5. Learned APP for the State submitted that there is no opposition to the
prayer made on behalf of the petitioners seeking quashing of the FIR in
question in view of the settlement arrived at between the parties.
6. Heard learned counsel for the parties and perused the record.
7. In the case of Gian Singh vs. State of Punjab, (2012) 10 SCC 303,
the Hon’ble Supreme Court observed quashing of the FIR on the basis of
amicable resolution of disputes. It is further observed that if the High Court
is of the view that continuation of criminal proceedings between the parties
would amount to abuse of process of law despite the settlement or
compromise between the parties, the same may be quashed.
8. The petitioners are present before this Court and have been identified
by their counsel Mr. Bharat Sareen and Investigating Officer SI Sanjeev,
Police Station Kalkaji. The respondent No.2/complainant is also present in
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the Court and has been identified by her counsel, Mr. Anshul Syal and the
Investigating Officer.
9. On the query made by this Court, respondent no.2 has categorically
stated that she has entered into compromise on her own free will and
without any pressure. It is also stated by respondent no.2 that the entire
dispute has been amicably settled between the parties and has received the
entire amount as per the terms of the Settlement agreement. The parties also
undertook that they shall abide the terms and conditions of the Settlement
Agreement arrived at between the parties.
10. In the instant case, as stated above, the parties have reached on the
compromise and amicably settled the entire disputes without any pressure.
11. In view of the settlement arrived at between the parties and the law
laid down by the Hon’ble Supreme Court, the present petition is allowed.
Accordingly, FIR bearing No. 734/2021 registered at Police Station Kalkaji,
New Delhi for offences punishable under Sections 506/509/341/354/34 of
the IPC and all consequential proceedings emanating therefrom are quashed.
12. The petition alongwith pending applications, if any, stand disposed
of.
CHANDRA DHARI SINGH, J
DECEMBER 20, 2024
gs/mk
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This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/12/2024 at 21:48:10