Delhi High Court
Dinesh Kumar & Ors. vs State (Govt. Of Nct Of Delhi) & Anr. on 3 August, 2018
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 03.08.2018
+ CRL.M.C. 1571/2018
DINESH KUMAR & ORS ..... Petitioners
versus
STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioners: Mr. Fidel Sebastian, Advocate
For the Respondents: Ms. Neelam Sharma, Addl. PP for
the State with SI Manoj Chahar, PS Paschim
Vihar
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
03.08.2018
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioners seek quashing of FIR No.179/2016 under
Sections 406/420/468/471/34 IPC Police Station Paschim Vihar.
Subject FIR was registered on the complaint of the Manager of M/s
Paschim Gas Service contending that the petitioners had been engaged
as delivery boys for delivery of gas cylinders but on complaints of
short delivery, wrongful delivery and mis-delivery etc., their services
were terminated. Thereafter the petitioners are alleged to have made
false complaint with Labour Commissioner based on forged and
fabricated documents of their employment.
2. The owner of the complainant company as well as petitioners
were referred to Mediation and a settlement deed dated 02.11.2017
has been executed before the Mediation Centre, Karkardooma Courts.
As per the settlement, the complainant/respondent No. 2 had agreed to
pay a total sum of Rs.25,000/- to the petitioners in full and final
settlement of all their claims raised before the labour commissioner.
Petitioners, who are present in person before the Court, confirm that
they have received the said sum of Rs.25,000/- and have also
withdrawn their complaint before the Labour Commissioner. They
submit that they have settled all their disputes and they have no claim
remaining against respondent No.2.
3. Respondent No.2 present in Court in person, represented
through counsel and identified by the Investigating Officer, submits
that she has settled all her disputes with the petitioners and does not
wish to prosecute the FIR any further and has no objection to the
quashing of the FIR and the consequent proceedings arising
therefrom.
4. In view of the fact that parties have settled all their disputes and
respondent No.2 does not wish to prosecute her complaint against the
petitioners, 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.
5. In view of the above, the petition is allowed. The FIR No.
179/2016 under Sections 406/420/468/471/34 IPC Police Station
Paschim Vihar and the consequent proceedings arising therefrom are,
accordingly, quashed.
6. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
AUGUST 03, 2018
ns
