Petitioner sought quashing of an FIR for attempted culpable homicide (Section 308 IPC) after settling with all victims. The court found the dispute resolved amicably and quashed the FIR and proceedings to prevent further acrimony.
FIR No. 148/2014 under Section 308 IPC registered at PS Malviya Nagar and related proceedings are hereby quashed.
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BRIJ MOHAN
..... Petitioner Represented by: Mr. Sandeep Verma, Adv.
versus
THE STATE (NCT OF DELHI) & ORS
| ..... Respondent | |
|---|---|
| Represented by: | Ms. Rajni Gupta, APP with |
| ASI Ved Prakash PS Malviya | |
| Nagar. | |
| Mr. Narendra Kr. Sharma, Adv. | |
| for R-2 to 4. |
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 06.01.2017
By the present petition the petitioner seeks quashing of FIR No. 148/2014 under Sections 308 IPC registered at PS Malviya Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.
Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the petitioner is the only accused and respondent No.2 the complainant/ victim and respondent No.3 and 4 the other victims.
CRL.M.C. 2184/2016 page 1 of 3
Respondent No. 2 to 4 are present in Court and are identified by the learned counsel and the Investigating Officer. They state that they have settled the matter with the petitioner at the Mediation Centre, Saket Courts on 18th May, 2016 and do not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.
Petitioner who is present in Court affirms the statement of respondent No.2 to 4 and also state that he would abide by the terms of settlement arrived at between the parties before the Mediation Centre, Saket Courts on 18th May, 2016.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
Consequently, FIR No. 148/2014 under Sections 308 IPC registered at PS Malviya Nagar, Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
page 2 of 3
CRL.M.C. 2184/2016
The petition is disposed of. Order dasti.
MUKTA GUPTA, J.
JANUARY 06, 2017 ‘ga’
page 3 of 3
CRL.M.C. 2184/2016
2 issues framed by the court
Whether an FIR under Section 308 IPC can be quashed when parties have settled the matter via mediation.
Whether continuation of criminal proceedings serves any useful purpose after an out-of-court settlement.
2 provisions across 2 enactments
Brij Mohan
The State (NCT of Delhi)
Respondent No.2
Respondent No.3
Respondent No.4
Mukta Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
