Anwar Khan & Anr vs The State Govt Of Nct Of Delhi & Anr
2018 Latest Caselaw 6201 Del

$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                    Judgment delivered on:10.10.2018

+      CRL.M.C. 1381/2018
       ANWAR KHAN & ANR                                    ..... Petitioners

                            versus

       THE STATE GOVT OF NCT OF DELHI & ANR ... Respondents
Advocates who appeared in this case:
For the Petitioners :        Mr. Saurabh Jhamb with Mr. Abbas Khan
                             and Mr. Mohsin Qureshi, Advocates.

For the Respondents   :     Mr. Panna Lal Sharma, APP for the State.
                            ASI Vijay Singh, PS Jafrabad.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                     JUDGMENT

10.10.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek quashing of FIR No.283/2017 under Sections 288/341/336/506/34 IPC, Police Station Jafrabad.

2. Parties are neighbours. The subject FIR was registered consequent to demolition of a common wall between properties of the parties.

3. Learned counsel for the petitioners submits that the parties have settled their disputes and a Settlement Agreement dated 05.03.2018 has been executed between the parties.

4. Respondent No.2 is present in person and is identified by the

Investigating Officer. He submits that whatever damage was caused to his property has been got repaired by the petitioners. 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.

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.283/2017 under Sections 288/341/336/506/34 IPC, Police Station Jafrabad and the consequent proceedings emanating there from are accordingly quashed.

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

OCTOBER 10, 2018                             SANJEEV SACHDEVA, J
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