Pawan Kumar Sharma & Ors. vs The State ( Nct Of Delhi) & Anr.
2018 Latest Caselaw 4876 Del

$~72 & 80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                    Judgment delivered on: 17.08.2018

+       CRL.M.C. 4151/2018
        PAWAN KUMAR SHARMA & ORS.                        ..... Petitioners

                            versus

        THE STATE ( NCT OF DELHI) & ANR.                 ..... Respondents

+       CRL.M.C. 4159/2018
        VINAY SHARMA & ORS                               ..... Petitioners

                            versus

        THE STATE ( NCT OF DELHI) & ANR.                 ..... Respondents
Advocates who appeared in this case:
For the Petitioners :       Mr. J.K. Sharma, Advocate.

For the Respondent:         Mr. Panna Lal Sharma, APP for the
                            State.
                            ASI Udayan Rana, PS Kanjhawala in
                            CRL.M.C. 4151/2018
                            ASI Anand Kumar, PS Kanjhawala in
                            Crl.M.C.4159/2018.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                               JUDGMENT

17.08.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.30156/2018 (exemption) in CRL.M.C. 4151/2018

CRL.M.C.4159/2018 Crl.M.A.30186/2018 (exemption) in CRL.M.C. 4159/2018

Exemptions are allowed subject to all just exceptions. CRL.M.C. 4151/2018 & CRL.M.C. 4159/2018

1. Petitioners in Crl.M.C.4151/2018 seek quashing of FIR No.438/2016 under Sections 308/341/392 IPC, Police Station Kanjhawala and petitioner in Crl.M.C.4159/2018 seeks quashing of FIR No.437/2016 under Sections 451/308/34 IPC, Police Station Kanjhawala.

2. Parties are related to each other and the disputes are between the families of two brothers. The subject FIRs are the cross-FIRs. Subject FIRs were registered to a quarrel that took place on the spur of the moment on a misunderstanding.

3. Learned counsel for the petitioners submits that the parties have settled their disputes with the intervention of respectable persons of the locality and relatives and a Memorandum of Understanding dated 11.07.2018 has been executed between the parties.

4. The complainants/respondent No.2 in their respective petitions are present in person and are identified by the Investigating Officers. They submit that they have settled all their disputes. They further submit that they do not wish to press their respective complaints.

5. In view of the fact that the parties have resolved their disputes

CRL.M.C.4159/2018 and the complainants do not wish to press their respective complaints; 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.

6. In view of the above, the petitions are allowed. FIR No.438/2016 under Sections 308/341/392/34 IPC, Police Station Kanjhawala and FIR No.437/2016 under Sections 451/308/34 IPC, Police Station Kanjhawala and the consequent proceedings emanating there from are quashed.

7. Order Dasti under the signatures of the Court Master

SANJEEV SACHDEVA, J AUGUST 17, 2018 st

CRL.M.C.4159/2018