Netram @ Negpal vs The State & Anr.
2018 Latest Caselaw 5435 Del

$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                Judgment delivered on: 10.09.2018

+      CRL.M.C. 4552/2018
NETRAM @ NEGPAL                                       ..... Petitioner
                             versus

THE STATE & ANR.                                      ..... Respondents


Advocates who appeared in this case:
For the Petitioners :     Mr. Kaushalya Sharma, Adv

For the Respondents:      Mr. Hirein Sharma, APP for the State.
                          SI Ashwani, PS Jyoti Nagar
                          Mr. Rakesh Verma, Adv. for complainant

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                             JUDGMENT

10.09.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 31638/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 4552/2018

1. Petitioners seek quashing of FIR No. 29 of 2013 under Sections 323/354 of IPC registered Police Station Jyoti Nagar, Delhi, based on a settlement.

2. At the time of the subject incident the complainant was the tenant of the petitioner. The subject FIR was registered consequent to a quarrel that took place between the parties. The dispute arose between the parties with regard to tenanted premises.

3. Learned counsel for the petitioners submits that with the intervention of the family members and relatives, the parties have amicably resolved their disputes and a Settlement Deed dated 09.01.2018 has been executed between the parties. In terms of the settlement, petitioner had agreed to pay Rs. 38,000/- to the respondent. A sum of Rs. 25,000/- had already been paid to respondent no. 2 and balance sum of Rs. 13,000/- has been paid today to respondent no. 2 outside the court. Respondent no. 2 confirms that the entire amount has been received by her.

4. Respondent no. 2 is present in Court, represented by her counsel and identified by the Investigating Officer. Respondent no. 2 submits that she has settled her disputes with the petitioner and does not wish to prosecute the complaint against the petitioner any further and has no objection to the quashing of the subject FIR.

5. In view of the fact that parties have resolved their disputes and respondent no. 2 does not wish to press her 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. 29 of 2013 under Sections 323/354 of IPC registered Police Station Jyoti Nagar, Delhi and the consequent proceedings emanating there from are quashed.

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

SEPTEMBER 10, 2018                       SANJEEV SACHDEVA, J
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