Quashed an FIR in a criminal settlement case after verifying with injured complainants that the dispute was settled amicably without pressure, noting injuries were simple in nature.
FIR Nos. 348/2017 and associated cross-cases are quashed; petitioners to deposit ₹15,000 with PM NRF.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~20
ASMA & ORS ..... Petitioners
Through : Mr.Krishan Kumar, Advocate along with petitioners present in person.
versus
STATE (GOVT. OF NCT OF DLEHI) & ANR ..... Respondents Through : Mr.Piyush Singhal, counsel for Mr.Ashish Aggarwal, ASC. Mr.Aditya Vardhan, Advocate for the complainant-victims along with complainant-victims present in person.
CORAM: HON'BLE MR. JUSTICE S.P.GARG
O R D E R % 15.05.2018
(1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.348/2017 under Sections 341/323/354/34 IPC registered at Police Station I.P.Estate. It is stated that the matter has been settled with the complainant/victims amicably.
(2) The complainant-victims injured are present before the Court along with their counsel. The Investigating Officer present in the court has identified them. I have enquired from the complainantvictims whether the matter has been settled with the
W.P.(Crl.)1144/2018
Page 1 of 2
petitioners amicably without fear and pressure. They have informed that the matter has been settled without any fear or pressure and they have no objection to the quashing of the FIR.
(3) The petition is supported by the affidavits of the parties. Settlement-Compromise deed dated 21.03.2018 signed by the parties is on record. Cross-cases FIR No.0349/17 under Sections 341/323/354/34 IPC, 0353/2017 under Sections 308/323/34 IPC and FIR No. 0354/2017 under Sections 323/308/34 IPC registered at Police Station I.P.Estate have also been settled. Injuries sustained by the victims are ‘simple’ in nature. (4) Since the complainant-victims have voluntarily settled the dispute with the petitioners, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation, FIR No.348/2017 under Sections 341/323/354/34 IPC registered at Police Station I.P.Estate and all the proceedings emanating therefrom are quashed.
(5) The petitioners are, however, burdened with costs of ` 15,000/to be deposited with Prime Minister National Relief Fund within two weeks. The Registry shall ensure the compliance of the order. (6) The petition is disposed of accordingly.
S.P.GARG, J.
MAY 15, 2018 neelam
W.P.(Crl.)1144/2018
Page 2 of 2
1 issue framed by the court
Whether the FIR should be quashed in light of the settlement between the parties.
2 provisions across 2 enactments
Asma & Ors
State (Govt. of NCT of Delhi) & Anr
S.P.Garg
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
