Dharmender @ Dharmu & Ors. v. State & Anr.

Delhi High Court · 11 Oct 2018 · 2018:DHC:6660
Sanjeev Sachdeva
CRL.M.C. 5229/2018 & 5231/2018
2018:DHC:6660
criminal appeal_allowed

AI Summary

The Delhi High Court quashed cross FIRs arising from a dispute over irrigation water following an amicable settlement between the parties, emphasizing the court's power to end futile criminal proceedings to restore peace.

Full Text
Translation output
CRL.M.C. 5229/2018 & 5231/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 11.10.2018
CRL.M.C. 5229/2018
DHARMENDER @ DHARMU & ORS ..... Petitioners
versus
STATE & ANR. .... Respondents
CRL.M.C. 5231/2018
JAGDISH & ORS ..... Petitioners
versus
STATE & ANR. .... Respondents Advocates who appeared in this case:
For the Petitioner(s) : Mr.Ashish Kapoor, Adv. for petitioners in
Crl.M.C.5229/2018 Mr. Paramveer Deswal, Adv. for petitioners in
Crl.M.C.5231/2018.
For the Respondent(s): Mr. Raghuvinder Verma, Addl. PP for the State with SI Vineet Kumar in both petitions.
Ms. Ayushi Chugh and Ms. P. Deswal, Advs. for respondent in Crl.M.C.5229/2018
Mr. Ashish Kapoor, Adv. for respondent no. 2 in
Crl.M.C.5231/2018.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
11.10.2018 SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners in Crl. M.C. 5229/2018 seek quashing of FIR NO. 2018:DHC:6660 1401/2014 under Sections 323/354/452/506/34 & Section 3(I)(X)(XI)(XV) of the SCST Act at Police Station Narela, New Delhi and Petitioners in Crl. M.C. 5231/2014 seek quashing of FIR NO. 1596/2014 under Sections 323/341/354A/354B/506/509/34 at Police Station Narela, New Delhi, based on settlement.

2. Subject FIRs are cross FIRs registered consequent to a quarrel that took place between the parties with regard to sharing of irrigation water. Both the parties submit that all the disputes inter-se parties have been settled and there are no surviving disputes between them. Settlement/ Compromise dated 08.10.2018 has been executed between the parties with the intervention of other members of the village. Parties are present in person in Court. They assure that they shall not quarrel with each other in future.

3. Parties are present in court in person, represented by their counsels and identified by the Investigating Officers. They submit that they have settled the disputes with each other and they further undertake that they shall maintain peace and cordial relationship in the locality and shall not indulge in fighting with each other in the future.

4. In view of the fact that the disputes between the petitioners and respondents 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 FIRs and the consequent proceedings emanating there from.

5. In view of the above, the petitions are allowed. FIR NO. 1401/2014 under Sections 323/354/452/506/34 & Section 3(I)(X)(XI)(XV) of the SCST Act at Police Station Narela, New Delhi and FIR No. 1596/2014 under Sections 323/341/354A/354B/506/509/34 at Police Station Narela, New Delhi and the consequent proceedings emanating there from are, accordingly quashed.

6. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J OCTOBER 11, 2018 ‘rs’