Bharat & Ors. vs The State (N.C.T. Of Delhi) & Anr.
2018 Latest Caselaw 6087 Del

$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                     Judgment delivered on: 05.10.2018

+       CRL.M.C. 2934/2018
BHARAT & ORS.                                                ..... Petitioners
                             versus

THE STATE (N.C.T. OF DELHI) & ANR.                         ..... Respondents
Advocates who appeared in this case:
For the Petitioner:          Mr. Sher Singh Chauhan, Advocates

For the Respondents:         Mr. Sanjeev Sabharwal, APP for the State.
                             SI Prabhakaran
                             Mr. R.K. Naveen and Mr. Manish, Advs. for R-2

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                JUDGMENT

05.10.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks quashing of FIR No.177 of 2013 under Sections 323/341/506/147/141/148/308 of the IPC registered at Police Station Chhawla, Delhi, based on a settlement.

2. The subject FIR was registered consequent to a quarrel that took place with regard to use of water. Parties are neighbours and the disputes occurred due to acute shortage of water.

3. Learned counsels for the parties submit that with the intervention of other residents of the village, parties have settled their disputes and Settlement Agreement dated 11th May 2018 has been executed between the

parties.

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

5. In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press his 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.

6. In view of the above, the petition is allowed. FIR No.177 of 2013 under Sections 323/341/506/147/141/148/308 of the IPC registered at Police Station Chhawla, Delhi and the consequent proceedings arising therefrom are, accordingly, quashed subject to the petitioners depositing consolidated costs of Rs.15,000/- with the "Chief Minister's Distress Relief Fund (CMDRF), Kerala", within a period of two weeks from today. Receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of three weeks from today.

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

SANJEEV SACHDEVA, J OCTOBER 05, 2018 'rs'