^ • 5 #6 27.05.2011 Present: Petitioners In person with Mr. Amit Kumar, Advocate. jvls.Fizani Husain, APP for the State/Respondent along with S.I. Kanta Prasad Singh. Respondent No.2 to 6 in person with Mr.Sudesh Kumar Sharma, Advocate. + CrI.M.C. No.1133/2011 1. This is a petition under Section 482 of the Code of Criminal Procedure(Cr.P.C.) seeking quashing of FIR No.110/2008 under Sections 323/341/427/308/34 IPC registered against the petitioners at P.S. Krishna Nagar on the ground of settlement arrived at between the petitioners and the complainant/victims. 2. Briefly stated, facts of the case are that the petitioners and respondents No.2 to 6 are neighbours. They had an ongoing dispute in respect of common garage in the locality. A case under Section 107/150 Cr.P.C. was also initiated against them in respect of said dispute. On 26^'' March, 2008, petitioner No.2, son of petitioner No.3 allegedly hit Motorcycle N0.DL-7S-AY-6371 and Motorcycle No.DL-13-SA-7408 which belongs to his brother-in-law with a danda resulting in damage to the petrol tank and head lights of the motorcycle. When the complainant Head Constable Lokesh Kumar came down to see as to what has happened, petitioner No.3 caught hold of him and his son Amit had started beating him with a danda. Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified u Complainant called his son and on this, other respondents came to rescue him and this resulted in a fight between both the parties. As a result, complainant Lokesh Kumar and his son Amit sustained injuries and was taken to SDN Hospital where statement of Lokesh Kumar was recorded and the FIR was registered against the petitioners. 3. During the pendency of investigation, both the parties who are neighbours, with the intervention of neighbours and friends, have resolved their dispute and arrived at an amicable settlement. In view of the settlement, petitioners have filed the instant petition for quashing, which is supported by the affidavits of the petitioners as well as respondent No.2 to 6 confirming the settlement arrived at between them. Respondents No.2 to 6 have confirmed that they have arrived at a settlement of their own accord, without any inducement or threat and they do not want any action against the petitioners on the basis of their FIR. They also state that they have no objection if the FIR is quashed. 4. Learned APP for the State has opposed the quashing of FIR on the ground that the offence allegedly committed by the petitioners is of serious charge and one of the charges is under Section 308 IPC, which is a grave offence and not compoundable under Section 320 Cr.P.C. 5. In the matter of B.S.Joshi and others Vs. State of Haryana and another AIR 2003 SC 1386, the Supreme Court has defined the scope of the inherent powers of the High Court under Section 482 Cr.P.C. wherein it has been held that the High Court, in order to secure the ends of justice depending upon the facts and circumstances of the case can exercise its powers under Section 482 Cr.P.C. to quash the FIR irrespective of Section 320 Cr.P.C. 6. This Court has been quashing FIRs even for serious offences like Section 307 IRC under Section 482 Cr.P.C. depending upon the facts and circumstances of the case. A reference be made to the judgment of this Court in Curcharan Singh Vs. The State and Another 1998 CrI.L.J. ^ 3780. 7. In the instant case, parties are neighbours and the occurrence took place in the heat of moment. Neither of the parties have any previous record of involvement in crime. As per the affidavits of the parties, they have arrived at an amicable settlement, therefore I find that no useful purpose shall be served by prosecuting the petitioners on the basis of FIR No.110/2008 under Sections 323/341/427/308/34 IRC registered at P.S. ^ Krishna Nagar This is also necessary in order to preserve the amicable neighbourly relations between the parties. 8. Accordingly, looking into the overall facts and circumstances of the case, FIR No.110/2008 under Sections 323/341/427/308/34 IPC registered against the petitioners at P.S. Krishna Nagar and the proceedings arising out of the same are quashed. 9. The petition is disposed of. MAY 27, 2011 ks (AJIT BHARIHOKE) JUDGE