MANU/DE/0460/2017

True Court CopyTM

IN THE HIGH COURT OF DELHI

WP (Crl.) 135/2017

Decided On: 20.02.2017

Appellants: Jaspreet Singh Vs. Respondent: State and Ors.

Hon'ble Judges/Coram:
P.S. Teji

JUDGMENT

P.S. Teji, J.

1. The present writ petition under Article 226 Of the Constitution of India r/w S. 482 Cr.P.C has been filed by the petitioner, namely, Sh. Jaspreet Singh@Golu for quashing of FIR No. 604/2016, under Section 323/354/506/509/34 IPC registered at Police Station Tilak Nagar, Delhi on the basis of a mediation executed between the petitioner and respondents No. 2 & 3 namely, Paramjit Singh and Amarjeet Kaur respectively.

2. Learned Additional Public Prosecutor for respondent-State submitted that the respondent No. 2 present in the Court has been identified to be the complainant in the FIR in question.

3. The factual matrix of the present case is that on 23/07/16 when the complainant/respondent No. 2 came back from his duty he saw that ECO sports car was parked in the wrong manner where two vehicles can be parked at the same time. When he came out from the Gurudwara he saw accused with his companions, drinking liquor in the vehicle and when the complainant asked him to remove the vehicle the accused started abusing and beating him. On hearing noise, complainant's sister came and tried to rescue him, and she was also beaten due to which she fell down. When people of the locality gathered, accused/complainant then flew away from the spot along with his companions in his vehicle. The complainant subsequently got registered the FIR in this present matter.

4. Respondents present in the Court submitted that the dispute between the parties has been amicably resolved with the accused/petitioner after entering into a compromise through mediation.

Respondents affirmed the contents of the aforesaid compromise. All the disputes and differences have been resolved through mutual consent. Now no dispute with petitioner survives and so, the proceedings arising out of the FIR in question may be brought to an end. Statements of the respondents have been recorded in this regard in which they stated that they have entered into a compromise deed with the petitioner and have settled all the disputes with him. They further stated that they have no objection if the FIR in question is quashed.

5. In Gian Singh v. State of Punjab MANU/SC/0781/2012 : (2012) 10 SCC 303 Apex Court has recognized the need of amicable resolution of disputes in cases like the instant one, by observing as under:-

"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

6. The aforesaid dictum stands reiterated by the Apex Court in a recent judgment in Narinder Singh v. State of Punjab MANU/SC/0235/2014 : (2014) 6 SCC 466. The relevant observations of the Apex Court in Narinder Singh (Supra) are as under:-

"29. In view of the aforesaid discussion, we sum up and lay down the following principles by........