Delhi High Court
Sonu Gupta & Anr. vs The State (Govt. Of Nct Of Delhi) & ... on 10 September, 2018
$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10.09.2018
+ CRL.M.C. 4546/2018
SONU GUPTA & ANR. ..... Petitioner
versus
THE STATE (GOVT. OF NCT OF DELHI) & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Rajiv Ranjan Prasad, Adv
For the Respondents: Mr. Kewal Singh Ahuja, APP for the State.
SI Sunil Kumar, PS Govind Puri
Mr. Mohd. Aslam, Adv. for R-2 & 3.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
10.09.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 31622/2018 (Exemption)
Allowed, subject to all just exceptions.
CRL.M.C. 4546/2018
1. Petitioners seek quashing of FIR No. 576/2015 under Sections
324/427/341/143/147/34 IPC registered Police Station Govind Puri,
New Delhi, based on a settlement.
2. The subject FIR was registered consequent to a quarrel that
took place between the parties. The allegations against the petitioners
are that they had fought with the complainant and his brother. The
petitioner is alleged to have poured hot oil on the hand of the
complainant on account of which he sustained burn injuries.
3. It is submitted by counsel for the petitioner that a cross FIR was
registered by the petitioners against the complainant on the ground
that they caused damage to his vehicle and misbehaved with his
family consequent to which a quarrel took place.
4. Learned counsel for the parties submit that the subject quarrel
happened on the spur of moment without any premeditation. Learned
counsel for the parties further submit that with the intervention of the
family members and relatives, parties have amicably resolved their
disputes. The petitioners, who are present in court, undertake that
they are ready for the compounding of the offence in FIR registered
on their complaint being FIR No. 681/2015. The undertaking is
accepted.
5. The Respondent no. 2 and 3 are present in Court, represented
by their counsel and are identified by the Investigating Officer.
Respondents submit that they have settled disputes with the
petitioners and do not wish to prosecute the complaint any further and
have no objection to the quashing of the subject FIR.
6. In view of the fact that the parties have resolved their disputes
and respondents 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. 576/2015
under Sections 324/427/341/143/147/34 IPC registered Police Station
Govind Puri, New Delhi and the consequent proceedings emanating
there from are quashed, subject to the petitioners' depositing a
consolidated cost of Rs.10,000/- 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.
8. Order Dasti under the signatures of the Court Master.
SEPTEMBER 10, 2018 SANJEEV SACHDEVA, J
'rs'
