Delhi High Court
Manish Kumar Yadav & Ors. vs The State ( Nct Of Delhi) & Anr. on 30 July, 2018
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 30.07.2018
+ CRL.M.C. 2563/2018
MANISH KUMAR YADAV & ORS ..... Petitioners
versus
THE STATE ( NCT OF DELHI) & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Vijay Sansanwal, Advocate with
petitioners in person.
For the Respondent: Ms. Neelam Sharma, APP for State.
SI Shri Narayan, PS Karol Bagh.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
30.07.2018
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioners seek quashing of FIR No.932/2014, under
Sections 392/365/34 IPC, Police Station Karol Bagh.
2. The allegations against the petitioners are that the petitioners
had approached the complainant for purchase of cell phones. When
the complainant was showing them the cell phones, sitting in their car,
they sped away taking the complainant and the cell phones. They
later on threatened the complainant, kept the cell phones, and
thereafter dumped the complainant. They also took the gold chain of
the complainant.
3. Learned counsel for the petitioners submits that the parties have
settled their disputes and a Compromise Deed dated 19.09.2017 has
been executed between the parties.
4. As per the settlement, the petitioners have agreed to pay a sum
of Rs.1,60,000/- to the respondent No.2/complainant towards the cost
of the cell phones as well as the gold chain. A sum of Rs.80,000/- has
already been paid. The balance sum of Rs.80,000/- has been paid to
the complainant by way of Demand Draft No.175005 dated
30.07.2018 drawn on Indian Bank.
5. Respondent No.2/complainant is present in person and is
identified by the Investigating Officer. He submits that he has settled
his disputes with the petitioners and does not wish to press charges
against the petitioners and prosecute the complaint any further.
6. The status report has been filed which states the antecedents of
the petitioners are clear. They are stated to be the students.
7. In view of the fact that the parties have resolved their disputes
and respondent No.2 does not wish to press his complaint and further
in view of the fact that the petitioner are students and their antecedents
are clear, 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
there from.
8. Accordingly, the petition is allowed. FIR No.932/2014, under
Sections 392/365/34 IPC, Police Station Karol Bagh and the
consequent proceedings emanating there from are quashed, subject to
the payment of costs of Rs.10,000/- by each of the petitioner to the
Delhi High Court Bar Association Advocates Welfare Trust within a
period of four weeks from today. Receipt of deposit of the costs,
imposed by this Order, be furnished to the concerned Investigating
Officer within a period of five weeks from today.
9. Order Dasti under signatures of Court Master.
JULY 30, 2018 SANJEEV SACHDEVA, J
st
