Citation : 2019 Latest Caselaw 1745 Del
Judgement Date : 28 March, 2019
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 28.03.2019
+ CRL.M.C. 1635/2019
ROCKY @ RAKESH SATIJA & ORS. ..... Petitioners
versus
STATE & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Mahesh Kumar Patel with Mr. Omkar Sharma,
Advocates with Petitioners in person.
For the Respondents: Mr. Mukesh Kumar, APP for the State.
SI Tinku Shokeen, PS Tiak Nagar.
Respondent Nos.2 and 3 in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.6554/2019 (exemption)
Exemption is allowed subject to all just exceptions. CRL.M.C. 1635/2019
1. Petitioner seeks quashing of FIR No.724/2013 under Sections 323/341/354/34 IPC, Police Station Tilak Nagar.
2. Subject FIR was registered on the complaint of the respondent No.2. Parties are neighbours.
3. It is alleged by the complainant that in the morning there was a dispute with regard to the opening of the shop by her husband. Petitioners are alleged to have picked up a fight with her husband and when the parents of her husband intervened, they started beating them also. Subsequently, they assaulted the complainant as well as her husband. They are also alleged to have misbehaved with her. As per the MLC, the respondents suffered simple injuries.
4. Parties have settled their disputes. Compromise Deed dated 15.02.2019 has been executed.
5. Petitioners as well as the respondent Nos.2 and 3 are present in Court in person and are identified by the Investigating Officer. They submit that they are neighbours and petitioners have regretted their conduct and apologised to them and the husband of the complainant has restored his friendship with the petitioners.
6. Respondent Nos.2 and 3 submit that the parties have settled their disputes and they do not wish to press the complaint any further. Petitioners, who are present in Court in person, submit that they shall not repeat their conduct in future.
7. In view of the fact that the disputes between the parties have been settled, 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.724/2013 under Sections 323/341/354/34 IPC, Police Station Tilak Nagar and the consequent proceedings emanating there from are quashed, subject to the petitioners depositing consolidated cost of Rs.20,000/- to be paid to the "Delhi High Court Legal Services Committee" 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 MARCH 28, 2019 st
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