Delhi High Court
Jasmeet Singh & Ors. vs State & Ors. on 24 September, 2018
$~100
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:24.09.2018
+ CRL.M.C. 4882/2018
JASMEET SINGH & ORS. ..... Petitioners
versus
STATE & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Dhruva Bhagat, Advocate with petitioners in
person.
For the Respondents : Mr. Kamal Kumar Ghai, APP for the State.
Mr. Gaurav Sharma, Advocate for respondents with
respondents with person.
SI Neeraj, PS Timarpur.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
24.09.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.32806/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4882/2018
1. Petitioners seek quashing of FIR No.753/2014 under Sections
452/323/506/354/354B/34 IPC, Police Station Timarpur.
2. Subject FIR emanates out of a transaction with regard to the
sale of a property. Initially, there was a dispute with regard to the sale
transaction, consequent to which, the subject FIR was registered.
Subsequently, the parties have settled their disputes and the sale
transaction has been completed.
3. Learned counsel for the parties submit that the parties have
settled their disputes. Parties have entered into an MOU dated
01.09.2018. The petitioners have agreed to pay a total sum of
Rs.2,05,000/- to the complainants. Out of the said sum, a sum of
Rs.50,000/- was paid at the time of signing of the Memorandum of
Understanding dated 01.09.2018. The balance amount of
Rs.1,55,000/- has been paid by way of Demand Draft No.422746
dated 20.09.2018 drawn on Punjab & Sind Bank.
4. There was also a cross-FIR being FIR No.155/2015 under
Sections 451/323/354/354B/506/34 IPC which was registered on the
complaint of the petitioner against the respondents herein. It is
informed that a cancellation report has been filed in the subject FIR
and the petitioner has filed a protest petition qua the same.
5. The petitioners, who are present in Court in person, undertake
that they shall not oppose the cancellation report and they shall
withdraw the protest petition. The undertaking is accepted.
6. The respondent Nos.2 & 3 are present in person, represented by
counsel and are identified by the Investigating Officer. They submit
that they have settled their disputes with the petitioners and do not
wish to press charges against the petitioners and prosecute the
complaint any further.
7. In view of the fact that the parties have resolved their disputes
and respondent Nos. 2 and 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 there from.
8. In view of the above, the petition is allowed. FIR No.753/2014
under Sections 452/323/506/354/354B/34 IPC, Police Station
Timarpur and the consequent proceedings emanating there from are
quashed.
9. Order Dasti under the signatures of the Court Master.
SEPTEMEBER 24, 2018 SANJEEV SACHDEVA, J
st
