Ishwar Saini & Ors. vs The State & Anr.
2018 Latest Caselaw 4040 Del

$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Judgment delivered on: 17.07.2018
+      CRL.M.C. 3499/2018
ISHWAR SAINI & ORS.                                   ..... Petitioners
                          versus

THE STATE & ANR.                                      .... Respondents


Advocates who appeared in this case:
For the Petitioner(s) :   Mr.Anis Hashmi, Adv
For the Respondent(s):    Mr. Panna Lal Sharma, Addl. PP for
                          the State with SI Ranbir Singh, P.S.Swaroop Nagar.
                          Mr.Idris Khan, Adv. for R-2.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

17.07.2018

SANJEEV SACHDEVA, J. (ORAL) CM Appl.12707/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 3499/2018

1. Petitioners seek quashing of FIR No.425/2014 under Sections 308/34 Indian Penal Code (IPC), Police Station: Swaroop Nagar.

2. The parties are related to each other. Subject dispute occurred on account of the quarrel that took place between the parties with regard to a Tehbazari site.

3. Learned counsels for the parties submit that the parties have settled their disputes with the intervention of other members of the family and respectable members of the society. Memorandum of Understanding dated 07.06.2018 has been executed.

4. Respondent No.2 is present in court in person, represented by his counsel and identified by the Investigating Officer. He submits that he has settled the disputes with the petitioners and does not wish to press the complaint against them any further.

5. In view of the fact that the disputes between the petitioners and respondent No.2 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.

6. In view of the above, the petition is allowed. FIR No.425/2014 under Sections 308/34 IPC, Police Station: Swaroop Nagar and the consequent proceedings emanating therefrom are, accordingly quashed.

7. Order Dasti under signatures of the Court Master.

JULY 17, 2018/rk                         SANJEEV SACHDEVA, J