Vinod Kumar & Ors. vs State Govt. Of Nct Of Delhi & Ors.

Ravinder Dudeja, J.

This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of FIR No.346/2016, dated 31^st May, 2016, registered at P.S Gokul Puri, Delhi under Sections 323/451/506/34 IPC and Section 3(i)(s)(w) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and all proceedings emanating therefrom on the basis of compromise arrived at between the parties.

Both parties are residents of the same locality. As per the averments made in the FIR, on 15^th July, 2015, the petitioners hurled casteist slurs to respondent no. 2 and physically assaulted both respondent nos. 2 and 3, thereby causing injuries to them.

Charge-sheet has since been filed under the same section. Charges have also been framed and the matter is pending before the learned Additional Sessions Judge, District North-East, Karkardooma Courts, Delhi.

During the course of proceedings, the parties amicably resolved their disputes and the terms of the compromise were reduced into writing in the form of a Compromise/Settlement Deed dated 19^th February, 2024.

It is submitted by the learned counsel for both the parties that as per the settlement, both parties have agreed to get all the cases pending against each other quashed and in terms thereof, FIR No. 565/2015 dated 16^th July, 2015 registered under Sections 342/323/341/34 IPC at PS Gokul Puri, Delhi, at the behest of Petitioner no. 4 stands quashed. Copy of the Compromise/Settlement Deeddated 19^th February, 2024 is annexed as Annexure C.

Both parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer Inspector Sandeep Kumar, from PS Gokul Puri.

Respondent Nos. 2 and 3 confirm that the matter has been amicably settled with the petitioners without any force, fear, coercion and they have no objection if the FIR No. 346/2016 is quashed against the petitioners.

In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case, even the complainant does not wish to press any charges against the petitioners.

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

Consequently, to secure the ends of justice, FIR No. 346/2016, dated 31^st May, 2016, registered at P.S Gokul Puri, Delhi under Sections 323/451/506/34 IPC and Section 3(i)(s)(w) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, along with all consequential proceedings emanating therefrom, is hereby, quashed. Original affidavits of the parties, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court, so that these become part of Trial Court Record and shall also be submitted to concerned SHO/IO within four weeks from today.

Petition is allowed and disposed of accordingly.

Pending application(s), if any, also stand disposed of.