Kuldeep @Kannu & Ors. v. The State NCT of Delhi & Anr

Delhi High Court · 16 Oct 2018 · 2018:DHC:6802
Sanjeev Sachdeva
CRL.M.C. 3923/2018
2018:DHC:6802
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 323, 509, 324, and 34 IPC after the parties amicably settled their dispute and the complainants chose not to pursue prosecution.

Full Text
Translation output
CRL.M.C. 3923/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on:16.10.2018
CRL.M.C. 3923/2018
KULDEEP @KANNU & ORS. ..... Petitioners
versus
THE STATE NCT OF DELHI & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Vikrant Choudhary, Advocate.
For the Respondent : Mr. Kamal Kumar Ghai, APP for State.
SI Vishnu Dutt, PS New Friends Colony Mr. Subhash Chand, Advocate for respondent
No.2 to 6, with respondents in person.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
16.10.2018 SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.29332/2018 (exemption)
Exemption is allowed subject to all just exceptions.

1. Petitioners seek quashing of FIR No.1/2013 under Sections 323/509/324/34 IPC, Police Station New Friends Colony.

2. Petitioner No.1 has been produced from Tihar Jail. He is in judicial custody in some other FIR.

3. Parties are neighbours. Subject FIR was registered consequent to a quarrel that took place between the parties after the celebration of New 2018:DHC:6802 Year. On account of the quarrel respondent sustained injuries.

4. With the intervention of friends and family, parties have settled their disputes and Memorandum of Understanding dated 28.07.2018 has been executed between the parties.

5. Respondent Nos.[2] to 6 are present in Court in person, represented by counsel and 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.

6. In view of the fact that the parties have resolved their disputes and respondent Nos. 2 to 6 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.

7. In view of the above, the petition is allowed. FIR No.1/2013 under Sections 323/509/324/34 IPC, Police Station New Friends Colony and the consequent proceedings emanating there from are quashed.

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

OCTOBER 16, 2018 SANJEEV SACHDEVA, J st