Delhi High Court
Saroj Bhujel & Ors. vs The State (Nct Of Delhi) & Ors. on 16 July, 2018
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 16.07.2018
+ CRL.M.C. 2098/2018
SAROJ BHUJEL & ORS ..... Petitioners
versus
THE STATE (NCT OF DELHI)& ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Vivek Chaudhary, Advocate.
For the Respondent: Ms. Neelam Sharma, APP for the State.
ASI Ashok Kumar, PS Kotla Mubarakpur.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
16.07.2018
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioners (i) Saroj Bhujel, (ii) Laxman Bhujel and (iii)
Ram Bhadhur Bhujel seek quashing of FIR No.285/2017 under
Sections 323/354/354B/509/34 IPC, Police Station Kotla Mubarakpur.
2. Subject FIR was registered consequent to a quarrel that had
taken place on a trivial issue. It is pointed out that during
investigation, apart from the petitioners, involvement of one Tek
Bahadur was also found. Chargesheet has been filed against all of
them.
3. Learned APP for the State, under instructions from the
Investigating Officer, submits that Tek Bahadur is not traceable and is
not appearing before the Trial Court. He submits that proceedings
under Section 82 Cr.P.C. have been initiated against him.
4. Learned counsel for the petitioners, under instructions from the
petitioners, submits that the petitioners are not aware as to who this
Tek Bahadur is and have made an attempt but have not been able to
trace out his whereabouts. They pray that the FIR be quashed qua the
petitioners only.
5. Learned counsel for the parties submit petitioners as well as
respondent Nos.2 to 4 are known to each other as they belong to the
same community. With the intervention of the respectable members
of the society as well as common friends, they have settled their
disputes and a Compromise Deed dated 23.02.2018 has been
executed.
6. Respondent Nos.2, 3 and 4 are present in Court in person and
identified by the Investigating Officer. They have filed their
supporting affidavits as well as their identify proofs. They submit that
they do not wish to press their complaint any further.
7. In view of the fact that the parties have resolved their disputes
and respondent Nos. 2, 3 and 4 do not wish to press their complaint,
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. The subject FIR
No.285/2017 under Sections 323/354/354B/509/34 IPC, Police
Station Kotla Mubarakpur as well as the consequent proceedings
arising therefrom are quashed qua the petitioners. This would be
without prejudice to the proceedings initiated against Tek Bahadur.
9. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
JULY 16, 2018
st
