$~41 & 42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 05.09.2018
+ CRL.M.C. 4477/2018
VEER SINGH & ORS ..... Petitioners
versus
THE STATE & ORS ..... Respondents
+ CRL.M.C. 4478/2018
NARESH @ BABLU & ORS ..... Petitioners
versus
THE STATE ( NCT OF DELHI) & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. R.C.Tiwari, Adv.
For the Respondents: Mr. Sanjeev Sabharwal, Addl. PP for the State
with SI Ranvir Singh, P.S.Fatehpur Beri.
Mr. Subhash Chand, Adv. for R-2 to 4 in
Crl.M.C.4477/2018 & for R-2 to 5 in
Crl.M.C.4478/2018.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
05.09.2018 SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.31367/2018 (exemption) Crl.M.A.31369/2018 (exemption) CRL.M.C. 4477/2018 & 4478/2018 Page 1 of 3 Exemption is allowed subject to all just exceptions. CRL.M.C. 4477/2018 & Crl.M.C.4478/2018
1. The petitioners, in Crl. M.C. 4477/2018 seek quashing of FIR No. 524/15 under Section 354/354B/324/341/509/34 IPC Police Station Fatehpur Beri and the petitioners, in Crl. M.C. 4478/2018 seeks quashing of FIR No.526/15 under Section 354(A)/323 IPC Police station Fatehpur Beri, based on a settlement.
2. The subject FIRs are cross FIRs. Parties are neighbours and they have a relationship of landlord - tenant. Subject FIRs were registered consequent to a quarrel that took place between the parties with regard to use and occupation of the tenanted premises.
3. It is contended on behalf of the parties that they have settled all their disputes and settlement agreement dated 27.07.2018 has been executed. The nature of injuries sustained by the parties is simple.
4. Respective parties are present in court in person, represented by their respective counsels and identified by the Investigating Officer. They submit that they have resolved their disputes. They submit that they have settled all their disputes with each other and are agreeable to the settlement and as such do not wish to press the criminal charges against each other any further.
5. In view of the fact that the disputes between the parties have CRL.M.C. 4477/2018 & 4478/2018 Page 2 of 3 been settled, 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 therefrom.
6. In view of the above, the petitions are allowed. FIR No. 524/15 under Section 354/354B/324/341/509/34 IPC Police Station Fatehpur Beri and FIR No.526/15 under Section 354(A)/323 IPC Police station Fatehpur Beri and the consequent proceedings emanating there from are accordingly quashed, subject to the petitioners in both the petitions depositing consolidated costs of Rs.7,500/- for each of the petitions with the "Chief Minister's Distress Relief Fund (CMDRF), Kerala", within a period of two weeks from today. Receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of two weeks from today.
7. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J SEPTEMBER 05, 2018 rk CRL.M.C. 4477/2018 & 4478/2018 Page 3 of 3