LAWS(DLH)-2024-4-38

GAGAN GUPTA Vs. STATE

Decided On April 03, 2024
GAGAN GUPTA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Petition under Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioners for quashing of FIR No. 180/2022 under Ss. 323/354/509/34 IPC registered at P.S.: Paschim Vihar West.

(2.) In brief, as per the case of the prosecution, on 18/1/2022, a PCR call was received vide DD Nos.125 and 126A regarding some quarrel which was marked to ASI Jaiveer. Later, a written complaint dtd. 20/1/2022 was handed over by respondent No.2 who alleged that on 18/1/2022 at about 10 pm, on an altercation with their neighbour Gagan Gupta (petitioner No.1), her husband was assaulted. As respondent No.2 intervened, in order to save her husband, she alongwith her husband was also assaulted by accused. Present FIR was accordingly registered on 20/1/2022.

(3.) Learned counsel for the petitioners submits that matter has been amicably settled between parties in terms of Compromise Deed dtd. 20/10/2023 and offences under Ss. 506/509 IPC in FIR No.569/2022 has been compounded by the learned Trial Court. It is further submitted that though Gautam Kharbanda (husband of respondent No.2) has not been inadvertently arrayed as a party in the proceedings, he is present in person and confirms the settlement between the parties.