Bhasker Sharma & Anr. vs The State (Govt. Of NCT Of Delhi) & Anr.

Exemption allowed subject to just exceptions.

These petitions have been filed for quashing the FIR No. 258/2022 under Section 308 IPC registered at PS Anand Vihar on the ground that the parties have settled their disputes vide compromised deed dated 11^th October, 2022 and 22^nd August, 2022. Petitioner Nos. 1 and 2 in W.P. (CRL) 2967/2022, and Petitioner in W.P. (CRL) 1973/2022 as well as respondent No. 2 are present in Court and identified by the counsels and the Investigating Officer. From the perusal of the records it transpired on the account of an incident in Anand vihar of road rage, the respondent No. 2 was assaulted and received grievous injuries which is evident from the MLC, which has been presented by the counsel for the State and is a part of the status report. On querying the respondent No. 2 as to why he does not wish to oppose the said FIR, he states that the petitioners No. 1 and 2 are his neighbours in the colony and the matter has been resolved with the facilitation of the elders on both sides in order to put quietus to the matter. Notwithstanding, that this Court has powers under section 482 Cr.P.C to quash proceedings of non-compoundable offences, it would be appropriate that each of the petitioners pay certain costs of Rs. 25,000/- each to the Delhi High Court Advocate Welfare Fund within a period of two days. The receipt of the same may be also put on record of this Court.

Considering the above settlement between the parties and chances of conviction of the petitioners being remote and bleak, there is no use to continue with proceeding of the present FIR. Accordingly, the petition is allowed. Consequently, the FIR 258/2022 under Sections 308 IPC registered at Anand Vihar and proceedings emanating therefrom are quashed. Pending applications if any are also disposed of.

Parties shall abide by the terms of settlement.

Order be uploaded on the website of this Court.