Sh. Daya Shanker vs The State And Another
2018 Latest Caselaw 5524 Del

$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                     Judgment delivered on: 12.09.2018

+      CRL.M.C. 4611/2018
SH. DAYA SHANKER                                              ..... Petitioner
                             versus

THE STATE AND ANOTHER                                         ..... Respondents
Advocates who appeared in this case:
For the Petitioners :        Mr. M.K. Srivastava, Advocate.

For the Respondent:          Mr.Raghuvinder Verma, APP for the State with IO

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                 JUDGMENT

12.09.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No. 731 of 2015 under Section 324/326/509 of IPC registered at Police Station Narela, Delhi, based on a settlement.

2. Subject FIR was registered consequent to a quarrel that took place between the parties. It is alleged that the petitioner had fought with respondent no. 2 and 3 who had come to sell certain articles. Consequent to the dispute which arose between the parties, the petitioner is alleged to have poured hot water on them whereby they sustained burn injuries.

3. Parties have settled their disputes and a Settlement Agreement dated 29.06.2018 has been executed between the parties. As per the settlement,

the petitioner has agreed to pay a compensation of Rs.80,000/- respondent No.2 and 3 in full and final settlement of all their claims and towards expenses incurred for treatment. A sum of Rs. 40,000/- has already been paid and the balance sum of Rs. 40,000/- (in cash) has been paid to the respondents today.

4. The respondent No.2 & 3 are present in Court and they are identified by the Investigating Officer. They confirm that they have received the entire compensation amount and do not wish to press the complaint against the petitioner any further and have no objection to quashing of the subject FIR.

5. In view of the fact that the parties have resolved their disputes and respondent No. 2 & 3 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. 731 of 2015 under Section 324/326/509 of IPC registered at Police Station Narela, Delhi and the consequent proceedings emanating therefrom are, accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SEPTEMBER 12, 2018/'rs'                     SANJEEV SACHDEVA, J