Delhi High Court: A Single Judge Bench comprising of Sunil Gaur, J. quashed an FIR registered against the petitioners for an offence punishable under Section 307 IPC in light of the amicable resolution of dispute between the parties.
One of the petitioners was alleged to have given a knife blow on the left hip and right thigh to one Arjun. Another petitioner was alleged to have given a brick blow to him. Remaining two petitioners were bystanders. Injuries sustained by Arjun were opined to be simple in nature.
Jagdev Singh, Advocate moved the petition on behalf of the petitioners seeking to quash the FIR on the basis of compromise entered into between the parties as also on the ground that the misunderstanding which led to registration of the FIR stood clarified between the parties. The complainant and the injured present before the Court supported the submissions of the petitioners.
The High Court, at the outset, observed that the offence committed by the petitioners did not come within the ambit of Section 307. At best it could come within the purview of Section 325. Reference was made to Gian Singh v. State of Punjab, (2012) 10 SCC 303 wherein the Supreme Court had recognised the need for amicable resolution of disputes in cases like the present one. It was noted that the parties were from lower strata of society. Since the differences between the parties were amicably resolved, the misunderstanding stood clarified and in light of the compromise deed, the Court held that continuation of proceedings would be an exercise in futility. Therefore, the FIR and proceedings emanating therefrom were quashed. [Arun Mohan v. State (NCT of Delhi), 2018 SCC OnLine Del 13131, dated 18-12-2018]