Uma Shankar Gupta v. State (Govt of NCT of Delhi)

Delhi High Court · 20 Aug 2018 · 2018:DHC:5226
Sanjeev Sachdeva
CRL.M.C. 3361/2018
2018:DHC:5226
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 448, 380, and 34 IPC following an amicable settlement between the parties and the complainant's withdrawal of prosecution.

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CRL.M.C. 3361/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 20.08.2018
CRL.M.C. 3361/2018
UMA SHANKAR GUPTA ..... Petitioner
versus
STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. S.C. Sharma, Advocate.
For the Respondent: Mr. Kamal Kumar Ghai, APP for the
State.
SI Pradeep Rai, PS Lahori Gate.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
20.08.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No.282/2000 under Sections 448/380/34 IPC, Police Station Lahori Gate.

2. The parties are related to each other. The subject FIR was registered consequent to a dispute which took place with regard to the occupation of a shop.

3. Learned counsel for the petitioner submits that the parties have settled their disputes. The terms of settlement have been recorded before the Trial Court on 22.12.2017. 2018:DHC:5226 CRL.M.C. 3361/2018

4. The petitioner, who is present in Court in person, undertakes that he shall not disturb the peaceful possession of the respondent No.2 of the subject shop. The undertaking is accepted.

5. The respondent No.2 is present in person and is identified by the Investigating Officer. She submits that she has settled her disputes with the petitioner and does not wish to prosecute the complaint any further and has no objection to the quashing of the subject FIR.

6. In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press her 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.282/2000 under Sections 448/380/34 IPC, Police Station Lahori Gate and the consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J AUGUST 20, 2018 st