Suraj Bhan & Ors. vs State & Ors.
2018 Latest Caselaw 3918 Del

$~40 & 42
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Judgment delivered on: 12.07.2018
+      CRL.M.C. 3422/2018
       SURAJ BHAN & ORS                             ..... Petitioners

                         versus

       STATE & ORS                                  ..... Respondents

+      CRL.M.C. 3424/2018
       KAMAL VIJ & ORS                              ..... Petitioners
                       Versus

       STATE & ORS                                  ..... Respondents

       CORAM:
       HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                    ORDER

       %            12.07.2018
                    .

Advocates who appeared in this case:

For the Petitioner : Mr. Abhinav Dang, Advocate in Crl.M.C.

3422/2018 Mr. Vikas Walia with Mr. Amit Kaushik, Advocates in Crl.M.C.3424/2018

For the Respondent: Mr. Panna Lal Sharma, APP for the State.

SI Kartar Singh, PS Binda Pur.

Mr. Vikas Walia with Mr. Amit Kaushik, Advocates for the complainants in Crl.M.C.3422/2018 Mr. Abhinav Dang, Advocates for respondent

CRL.M.C. 3422/2018 & Page 1 Crl.M.C.3424/2018 Nos.2 to 4 in Crl.M.C.3424/2018.

CORAM:-

HON'BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT 12.07.2018

SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.12437/2018 (exemption) Crl.M.A.12439/2018 (exemption)

Exemptions are allowed subject to all just exceptions.

CRL.M.C. 3422/2018 & CRL.M.C. 3424/2018

1. Petitioners in Crl.M.C.3422/2018 seek quashing of FIR No.1299/2014 under Sections 323/452/506/34 IPC, Police Station Binda Pur. Petitioners in Crl.M.C.3424/2018 seek quashing of FIR No.1298/2014 under Sections 308/341/506/34 IPC, Police Station Binda Pur.

2. Subject FIRs are cross-FIRs. The parties are neighbours. The FIRs were registered consequent to a quarrel that took place between the parties. It is contended that the quarrel took place on account of some misunderstanding and on the heat of the moment. With the intervention of the respectable members of the locality, parties have settled their disputes and a Memorandum of Understanding dated 10.03.2018 has been executed.

3. Respective parties are present, represented by counsel and identified by the Investigating Officer. They submit that they have

CRL.M.C. 3422/2018 & Page 2 Crl.M.C.3424/2018 settled their disputes and do not wish to press complaints against each other and undertake that they shall not quarrel in future and shall maintain peace and cordiality in the locality.

4. In view of the fact that 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 also be expedient to quash the subject FIR and the consequent proceedings emanating there from.

5. In view of the above, the petitions are allowed. FIR No.1299/2014 under Sections 323/452/506/34 IPC, Police Station Binda Pur and FIR No.1298/2014 under Sections 308/341/506/34 IPC, Police Station Binda Pur and the consequent proceedings emanating there from are, accordingly quashed, subject to payment of consolidated cost of Rs.10,000/- in each of the petition, by the petitioners to the Delhi High Court Bar Association Employees Welfare Fund 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 three weeks from today.

6. Order Dasti under signatures of the Court Master.

                                            SANJEEV SACHDEVA, J
JULY 12, 2018/st


CRL.M.C. 3422/2018   &                                              Page 3
Crl.M.C.3424/2018