Chand Mohd & Anr v. The State & Anr

Delhi High Court · 01 Oct 2018 · 2018:DHC:6354
Sanjeev Sachdeva
CRL.M.C. 2514/2018
2018:DHC:6354
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 382, 342, 323, and 34 IPC following an amicable settlement between the parties and the complainant's consent to discontinue prosecution.

Full Text
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CRL.M.C. 2514/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 01.10.2018
CRL.M.C. 2514/2018
CHAND MOHD & ANR ..... Petitioners
versus
THE STATE & ANR ..... Respondents Advocates who appeared in this case:
For the Petitioners: Mr. Rajesh Tiwari, Advocate.
For the Respondents: Mr. Raghuvinder Verma, APP for the State.
ASI Rajvir, PS Amar Colony.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
01.10.2018 SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek quashing of FIR No. 399/2010 under Sections 382/342/323/34 IPC, Police Station Amar Colony.

2. The allegation against the petitioners is that they had forcefully taken the complainant to their shop and snatched Rs.1,00,000/- from his pocket and when the same was demanded, the complainant was assaulted.

3. Parties were referred to mediation and they have settled their 2018:DHC:6354 CRL.M.C. 2514/2018 disputes before the Mediation Centre, Saket Courts on 14.07.2016.

4. Respondent No.2 is present in Court in person, identified by the Investigating Officer. Respondent No.2 has placed on record photocopy of his Aadhar Card. He confirms that he has settled with the petitioners and does not wish to prosecute the FIR any further and has no objection to the quashing of the FIR.

5. In view of the fact that the respondent No.2 has settled his disputes with the petitioners and does not wish to prosecute the complaint any further, 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.

6. In view of the above, the petition is allowed. FIR No. 399/2010 under Sections 382/342/323/34 IPC, Police Station Amar Colony and the consequent proceedings arising therefrom are, accordingly, quashed.

7. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J OCTOBER 01, 2018