Vinod & Ors. v. State of NCT of Delhi & Ors.

Delhi High Court · 07 Sep 2018 · 2018:DHC:5763
Sanjeev Sachdeva
CRL.M.C. 3921/2018
2018:DHC:5763
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 323/341/34 IPC following an amicable settlement between the parties and the complainant's decision not to prosecute further.

Full Text
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CRL.M.C. 3921/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 07.09.2018
CRL.M.C. 3921/2018
VINOD & ORS ..... Petitioners
versus
STATE OF NCT OF DELHI & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Shiva Jee Shukla, Adv
For the Respondents: Mr. Raghuvinder Verma, APP for the State.
SI Raj Kumar, PS Kotla Mubarakpur.
Mr.Ankit Dixit, Adv. for the complainant.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
07.09.2018 SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek quashing of FIR No.352/2013 under Sections 323/341/34 IPC, Police Station Kotla Mubarak Pur.

2. The subject FIR was registered consequent to a quarrel that took place between the parties.

3. Learned counsel for the petitioners submits that with the intervention of the family members and relatives, the parties have amicably resolved their disputes and a Settlement Deed dated 2018:DHC:5763 CRL.M.C. 3921/2018 07.07.2018 has been executed between the parties. In terms of the settlement, petitioners had agreed to pay Rs.50,000/- to the respondents. Respondents confirm that the said amount has already been received.

4. The petitioner and respondents are present in Court and are identified by the Investigating Officer. Respondents submit that they have settled disputes with the petitioners and do not wish to prosecute the complaint any further and have no objection to the quashing of the subject FIR.

5. In view of the fact that the parties have resolved their disputes and respondents 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.

6. In view of the above, the petition is allowed. FIR No.352/2013 under Sections 323/341/34 IPC, Police Station Kotla Mubarak Pur and the consequent proceedings emanating there from are quashed.

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

SEPTEMBER 07, 2018/ rk SANJEEV SACHDEVA, J