Citation : 2018 Latest Caselaw 4162 Del
Judgement Date : 20 July, 2018
$~60 & 69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 20.07.2018
+ CRL.M.C. 3559/2018
MANOJ & ORS ..... Petitioners
versus
STATE (NCT OF DELHI) & ANR ..... Respondents
+ CRL.M.C. 3578/2018
KRISHNA @ TUNGAL & ORS ..... Petitioners
versus
STATE (NCT OF DELHI) & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Gagan Sharma, Advocate for petitioners in Crl.
M.C.3559/2018
Mr. Jaspreet Singh, Advocate for petitioners in
Crl.M.C.3578/2018
For the Respondents : Mr. Panna Lal Sharma, APP for the State in Crl.
M.C.3559/2018 with SI Chhote Lal, PS Punjabi
Bagh
Mr. Kamal Kumar Ghai, APP for the State in Crl.
M.C.3578/2018 with SI Chhote Lal, PS Punjabi
Bagh
Mr. Jaspreet Singh, Advocate for respondent No.2
in Crl. M.C.3559/2018
Mr. Gagan Sharma, Advocate for respondent No.2
in Crl. M.C.3578/2018
Crl.M.C. 3559 & 3578/2018 Page 1 of 3
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 20.07.2018 SANJEEV SACHDEVA, J. (ORAL)
1. The petitioners in Crl.M.C.3559/2018 seek quashing of FIR No. 519 of 2017 under Sections 307/308/34 of the IPC at Police Station Punjabi Bagh. Petitioners in Crl.M.C.3578/2018 seek quashing of FIR No.516 of 2017 under Sections 308/452/323/506/427/34 of the IPC at Police Station Punjabi Bagh.
2. Parties are neighbours and also distant relation of each other. Subject FIRs are cross FIRs. It is contended that the FIRs were registered on account of a quarrel, which took place between the parties over a misunderstanding on a trivial issue. Parties have settled their disputes and settlement agreement dated 05.07.2018 has been executed.
3. On the oral prayer of the petitioners Ms. Neha and Ms. Shiela are impleaded as respondents. Amended memo of parties and their supporting affidavits have been filed which are taken on record.
4. Parties are present in person in Court today, represented by their counsels. They undertake that they shall not quarrel in future and shall maintain law and order. They further submit that they do not wish to press the criminal complaints against each other any further.
5. In view of the fact that the disputes between the parties has 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 FIRs and the consequent proceedings emanating therefrom.
6. In view of the above, the petitions are allowed. FIR No. 519 of 2017 under Sections 307/308/34 IPC, Police Station: Punjabi Bagh and FIR No. 516 of 2017 under Sections 308/452/323/506/427/34 IPC, Police Station: Punjabi Bagh and the consequent proceedings emanating there from are, accordingly quashed, subject to the petitioners in Crl. M.C. 3559/2018 depositing consolidated costs of Rs.20,000/- and petitioner in Crl. M.C.3578/2018 depositing consolidated costs of Rs.10,000/- with the Delhi High Court Bar Association Employees Welfare Fund, within a period of two weeks. The receipt of deposit of costs imposed by this order be furnished to the concerned I.O. within a period of three weeks from today.
7. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J JULY 20, 2018/ns
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