Delhi High Court
Liladhar Ramchandani & Ors. vs Govt. Of Nct Of Delhi & Ors. on 9 August, 2018
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 09.08.2018
+ CRL.M.C. 2320/2018
LILADHAR RAMCHANDANI & ORS ..... Petitioners
versus
GOVT. OF NCT OF DELHI & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Ms. Nishtha Chawla, Advocate.
For the Respondent: Ms. Neelam Sharma, APP for the
State.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
09.08.2018
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioners seek quashing of FIR 398/2016 under Sections
5/7 of the Haryana Essential Services Maintenance Act, 1974, Police
Station IP Estate.
2. The subject FIR was registered consequent to a strike which
was undertaken by the petitioners, who were nurses and office bearers
of the Nurses Association at the Govind Ballabh Pant Institute of Post
Graduate Medical Education & Research.
3. Subsequently, the management of the hospital in its meeting of
03.09.2016 had decided that in case the strike was withdrawn there
would be no need to continue ESMA. Subsequently, a Circular was
issued on 06.09.2016 to the said effect which recorded that an MOU
was signed between the Nurses Federation and the Government.
Thereafter, a meeting of the Department of the Health & Family
Welfare was held on 23.02.2017, wherein, it was decided to consent
to the quashing of the subject FIR. Thereafter, a Circular dated
14.11.2017 was also issued.
4. By order dated 05.07.2018, learned APP for the State was
directed to take instructions from the hospital and to verify the said
Circular dated 14.11.2017.
5. Status report along with some documents has been filed. The
same are taken on record. As per the status report and the documents,
have been verified. The hospital and the government have consented
to the quashing of the subject FIR.
6. In view of the fact that the petitioners have complied with the
agreement, which was entered into between the Nurses Association as
well as the Government and they subsequently withdrew their strike
and further that the Government has taken decision to withdraw all the
proceedings initiated against the nurses as well as the Nurses
Association, I am of the view that it is fit a case for quashing of the
subject FIR to restore peace and harmony.
7. In view of the fact that the parties have resolved their disputes,
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.
8. In view of the above, the petition is allowed. FIR 398/2016
under Sections 5/7 of the Haryana Essential Services Maintenance
Act, 1974, Police Station IP Estate and the consequent proceedings
emanating therefrom are, accordingly quashed.
9. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
AUGUST 09, 2018
st
