Delhi High Court
Sawan Mahla vs The State ( Nct Of Delhi) & Anr. on 10 September, 2018
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10.09.2018
+ CRL.M.C. 2411/2018
SAWAN MAHLA ..... Petitioner
versus
THE STATE ( NCT OF DELHI) & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr.Roshan Lal, Advocate with Mr.Dalip Singh,
Advocate.
For the Respondents : Mr.Panna Lal Sharma, APP.
SI Rama Kant PS Sarai Rohilla.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
10.09.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.30333/2018 (for early hearing)
For the reasons stated in the application and with the consent of
the parties, the date is advanced. The petition is taken up for hearing
today.
Next date of 04.10.2018 is cancelled.
CRL.M.C. 2411/2018
1. The petitioner seeks quashing of FIR No.433/2016 under
Section 392/34 IPC, Police Station Sarai Rohilla.
2. The allegations in the FIR are that the complainant was going
on his motorcycle when he received a call and stopped to attend the
call. Three persons came in front of his motorcycle and snatched his
mobile. During investigation, the IMEI of the mobile phone was put
on trace and the phone was found in the possession of the petitioner.
3. Learned counsel for the petitioner submits that he has falsely
implicated that he had purchased the mobile phone without knowing
that the same was stolen.
4. Learned counsel for the petitioner further submits that without
prejudice he has settled with respondent no.2/complainant.
5. Status report has been filed which shows that the co-accused
Ranbir @ Jhangi has already expired and the third accused who was
the acquaintance of Ranbir is unknown and untraced.
6. Respondent No.2 is present in Court in person and is identified
by the IO. He has also filed an affidavit. He submits that he has settled
with the petitioner and does not wish to prosecute the complaint any
further.
7. 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.
8. In view of the above, the petition is allowed. FIR No.433/2016
under Section 392/34 IPC, Police Station Sarai Rohilla and the
consequent proceedings emanating there from are quashed, subject to
the petitioner depositing costs of Rs.5,000/- 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.
9. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
SEPTEMBER 10, 2018
ab
