Delhi HC allows man's plea seeking quashing of FIR filed against him by his son
Jan 16, 2022
New Delhi [India], January 16 : The Delhi High Court has allowed a plea of a man seeking quashing of an FIR lodged against him on a complaint by his son after the father-son amicably resolved the differences of their own free will.
In the FIR, the son stated that the father hit him when he objected to him playing chess with his acquaintances in front of a common door of the house that is accessed by the women of the household.
Justice Mukta Gupta allowed the plea of the man seeking quashing of FIR against him and said, "In view of the fact that the parties have amicably resolved the 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," the court said.
"Consequently, FIR No. 707/2018 under Section 308 (attempt to commit culpable homicide) IPC registered at PS-New Usman Pur and proceedings pursuant thereto are hereby quashed," the court said.
The court was hearing a petition filed by a man seeking quashing of FIR on the complaint lodged by his son and the proceedings pursuant thereto on the ground that the parties have entered into a settlement
In the FIR, the complaint stated that "September 5, 2018, when he came back from his duty at 9 pm, he saw that his father was sitting outside the house with three to four people playing Chess. He asked his father that there are other family members including children, daughters-in-law and daughters etc. in the house as well and that they should not be sitting right in front of the door so that other family members can come and go through the same door."
"On hearing this, his father got agitated and hit the complainant due to which, he suffered injuries. The wife of the complainant took him to the hospital where he was treated," the FIR stated.
The father and son are living in the same house and on different floors and have settled the matter vide Memorandum of Understanding (MoU) dated December 13, 2021.
The complainant further stated that he will be also careful in future by not objecting to every act of his father i.e. the petitioner and would live together in peace and harmony. The complainant had undertaken to abide by the terms of settlement arrived at between the parties.
