Monu Ojha Alias Akhilesh Kumar & Anr. vs The State Of Nct Of Delhi & Ors.

Exemption allowed, subject to all just exceptions.

The present petition seeks quashing of FIR No. 79/2014 dated 24.01.2014, registered at Police Station Shahbad Dairy for commission of offences under Sections 452/323/34 IPC, along with all consequential proceedings emanating therefrom, on the basis of compromise arrived at between the parties.

The incident in question is of 23.01.2014. Complainant-Mr. Shailendra, who was a factory worker, was present in the factory with other workers when both the accused persons i.e. Mr. Monu and Mr. Vinod Tiwari came outside the factory. They were abusing under the influence of liquor and when asked not to do the same, they both, forcibly, trespassed into the factory and started abusing and threatening complainant-Mr. Shailendra. On his shouts, his two friends i.e. Mr. Anil and Mr. Kamlesh came there and tried to convince and intervene but instant, they both i.e. Mr. Anil and Mr. Kamlesh were beaten up with kicks and fists which resulted in simple injuries to them.

Charges have already been ascertained and it is now informed that both the sides have entered into settlement and have signed Memorandum of Understanding (MOU). Both the sides have settled their disputes amicably and therefore, the present petition has been filed seeking quashing of the abovesaid FIR.

Learned APP for the state appears on advance notice along with the I.O. and submits that as per the order on charge, both the accused have been directed to face trial for said two offences only i.e. under Section 452 and 323 read with Section 34 IPC.

He also does admit that as per MLCs, both the injured had received simple injuries only.

Both the injured persons and complainant, when asked reiterated factum of settlement between the parties. According to them, they have entered into settlement without coercion, pressure or undue influence and want to put final quietus to the criminal proceedings.

The accused and complainant have been identified by the respective counsels as well as by the I.O.

Both the accused are also present and remorseful for the incident in question. They do not have any previous involvement, either.

In view of the settlement arrived between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest or interest of the society at large.

Accordingly, exercising the inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash the FIR instant.

Consequently, FIR No.79/2014 dated 24.01.2014, registered at Police Station Shahbad Dairy, for the alleged offences under Sections 452/323/34 IPC, along with all consequential proceedings emanating therefrom, is hereby quashed.

The petition stands disposed of in aforesaid terms.