Citation : 2018 Latest Caselaw 6205 Del
Judgement Date : 10 October, 2018
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:10.10.2018
+ CRL.M.C. 1677/2018
PREETI PRIYA DARSHINI & ORS ..... Petitioners
versus
THE STATE GOVT OF NCT OF DELHI & ORS
..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. N.M. Popli, Advocate.
For the Respondents : Ms. Neelam Sharma, APP for the State.
SI Dushyant Panwar, PS Defence Colony.
Mr. Neeraj Yadav, Advocate for respondent Nos.4
to 6 with respondent Nos.4 to 6 in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
10.10.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.6054/2018 (exemption)
Exemption is allowed subject to all just exceptions.
Crl.M.A.6053/2018 (for condonation of delay in re-filing)
For the reasons stated in the application, the application is allowed. The delay in re-filing the petition is condoned.
CRL.M.C. 1677/2018 & Crl.M.A.6052/2018 (directions)
1. Petitioners seek quashing of FIR No.162/2015 under Sections 506/509/34 IPC, Police Station Defence Colony.
2. Subject FIR emanates out of a landlord-tenant dispute. The complainant is the landlord of the property and the petitioners are the erstwhile tenants. There was a dispute with regard to payment of rent. Parties have subsequently settled their disputes through the process of mediation held at Mediation Centre, Saket Court and a Settlement Agreement dated 05.08.2017 has been executed between the parties.
3. Learned counsel for the parties submit that the parties have settled all their disputes and the tenanted premises have been vacated. They submit that now there is no dispute of any nature surviving between the parties.
4. Respondent Nos.4 to 6 are present in Court in person, represented by counsel and identified by the Investigating Officer. They submit that their disputes with the petitioners have been settled and now there is no grievance and complaint against the petitioners and they do not wish to prosecute the complaint any further and have no objection to the quashing of the subject FIR.
5. In view of the fact that the parties have resolved their disputes and respondent Nos. 4 to 6 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.
6. In view of the above, the petition is allowed. FIR No.162/2015 under Sections 506/509/34 IPC, Police Station Defence Colony 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 st
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