Ram Sumer & Anr. vs State & Ors.
2018 Latest Caselaw 6036 Del

$~82
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                    Judgment delivered on: 04.10.2018

+       CRL.M.C.5077/2018
RAM SUMER & ANR.                                                ..... Petitioners
                                versus

STATE & ORS.                                                    ..... Respondents
Advocates who appeared in this case:
For the Petitioner:          Mr. Sanjeev Kr. Sarwal, Advocate

For the Respondents:         Mr. Hiren Sharma, APP for the State with SI Saeem Ali

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                 JUDGMENT

04.10.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A. 33530/2018 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 5077/2018

1. Petitioner seeks quashing of FIR No. 542 of 2017 under Sections 323/341/308/34 of the IPC registered at Police Station Gokul Puri, Delhi, based on a settlement.

2. The subject FIR was registered when the complainant objected to the petitioners drinking alcohol which led to a quarrel and the complainant sustained injuries.

3. Parties are neighbours. Learned counsel for the parties submit that

the parties have settled their disputes with the intervention of senior and respectable members of the society and settlement agreement dated 11.04.2018 has been executed between the parties.

4. Petitioners who are present in court have apologised to respondent no. 2 and 3 and they have accepted the apology. Petitioners have also expressed remorse at their conducts.

5. Respondent No.2& 3 are present in person and are identified by the Investigating Officer. They submit that they have settled the disputes with the petitioners and do not wish to press charges against the petitioners and prosecute the complaint any further.

6. In view of the fact that the parties have resolved their disputes and respondent No. 2 & 3 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.

7. In view of the above, the petition is allowed. FIR No. 542 of 2017 under Sections 323/341/308/34 of the IPC registered at Police Station Gokul Puri, Delhi and the consequent proceedings arising therefrom are, accordingly, quashed.

8. Order Dasti under the signatures of the Court Master.

OCTOBER 04, 2018/'rs'                     SANJEEV SACHDEVA, J