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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 30.07.2018
+ CRL.M.C. 2563/2018
MANISH KUMAR YADAV & ORS ..... Petitioners
versus
THE STATE ( NCT OF DELHI) & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Vijay Sansanwal, Advocate with
petitioners in person.
For the Respondent: Ms. Neelam Sharma, APP for State.
SI Shri Narayan, PS Karol Bagh.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
30.07.2018 SANJEEV SACHDEVA, J. (ORAL)
1. The petitioners seek quashing of FIR No.932/2014, under Sections 392/365/34 IPC, Police Station Karol Bagh.
2. The allegations against the petitioners are that the petitioners had approached the complainant for purchase of cell phones. When the complainant was showing them the cell phones, sitting in their car, they sped away taking the complainant and the cell phones. They CRL.M.C. 2563/2018 Page 1 of 3 later on threatened the complainant, kept the cell phones, and thereafter dumped the complainant. They also took the gold chain of the complainant.
3. Learned counsel for the petitioners submits that the parties have settled their disputes and a Compromise Deed dated 19.09.2017 has been executed between the parties.
4. As per the settlement, the petitioners have agreed to pay a sum of Rs.1,60,000/- to the respondent No.2/complainant towards the cost of the cell phones as well as the gold chain. A sum of Rs.80,000/- has already been paid. The balance sum of Rs.80,000/- has been paid to the complainant by way of Demand Draft No.175005 dated 30.07.2018 drawn on Indian Bank.
5. Respondent No.2/complainant is present in person and is identified by the Investigating Officer. He submits that he has settled his disputes with the petitioners and does not wish to press charges against the petitioners and prosecute the complaint any further.
6. The status report has been filed which states the antecedents of the petitioners are clear. They are stated to be the students.
7. In view of the fact that the parties have resolved their disputes and respondent No.2 does not wish to press his complaint and further in view of the fact that the petitioner are students and their antecedents CRL.M.C. 2563/2018 Page 2 of 3 are clear, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating there from.
8. Accordingly, the petition is allowed. FIR No.932/2014, under Sections 392/365/34 IPC, Police Station Karol Bagh and the consequent proceedings emanating there from are quashed, subject to the payment of costs of Rs.10,000/- by each of the petitioner to the Delhi High Court Bar Association Advocates Welfare Trust within a period of four weeks from today. Receipt of deposit of the costs, imposed by this Order, be furnished to the concerned Investigating Officer within a period of five weeks from today.
9. Order Dasti under signatures of Court Master.
JULY 30, 2018 SANJEEV SACHDEVA, J
st
CRL.M.C. 2563/2018 Page 3 of 3