Delhi High Court
Ganesh vs State Of Nct Of Delhi & Anr. on 29 August, 2018
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:29.08.2018
+ CRL.M.C. 2025/2018 & Crl. M.A. 7165/2018
GANESH ..... Petitioner
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. M.K. Perwez and Mr. K.L. D. Vinober, Advs.
with petitioner in person.
For the Respondent : Ms. Neelam Sharma, Addl. PP for
the State with SI Vipin Kumar, PS Kalyan Puri
Mr. Pawan Chaudhary, Advocate. for R-2 with R-2
in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
29.08.2018
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks quashing of FIR No. 364/2016 under Section
307 of the Indian Penal Code (IPC for short) registered at Police
Station Kalyan Puri, East Delhi, based on a settlement.
2. The allegations in the FIR are that the petitioner in an inebriated
state was abusing and shouting in the lane outside the house of the
complainant and when the complainant objected, the petitioner is
alleged to have assaulted him and attacked him with a sharp object.
3. As per the MLC, the nature of injury sustained by the
complainant is simple.
4. Learned counsels for the parties submit that the parties are
neighbours and have settled their disputes with the intervention of
respectable people and friends known to the parties. Compromise
Deed dated 10.01.2018 has been executed.
5. As per the settlement, the petitioner had agreed to pay Rs. 2
lakhs to the complainant. It is informed that the entire amount of Rs. 2
lakhs has already been paid.
6. Respondent Nos.2 /complainant is present in court in person,
represented through his counsel and identified by the Investigating
Officer. He submits that he has settled with the petitioner and does
not wish to press the complaint against him any further.
7. Petitioner who is present in Court in person has expressed
remorse and regretted his conduct. He undertakes that he shall not
quarrel in future. The undertaking is accepted.
8. In view of the fact that the disputes between the parties have
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.
9. In view of the above, the petition is allowed. FIR No. 364/2016
under Section 307 of the IPC registered at Police Station Kalyan Puri,
East Delhi and the consequent proceedings emanating therefrom are,
accordingly quashed subject to the petitioner depositing a cost of
Rs.10,000/- with the "Chief Minister's Distress Relief Fund", Kerala
within two weeks. The receipt of deposit of the costs imposed by this
Order be furnished to the concerned Investigating Officer within a
period of three weeks from today.
10. Order Dasti under signatures of the Court Master.
AUGUST 29, 2018 SANJEEV SACHDEVA, J
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