Pawan Kumar Sharma & Ors. v. The State (NCT of Delhi) & Anr.

Delhi High Court · 17 Aug 2018 · 2018:DHC:5192
Sanjeev Sachdeva
CRL.M.C. 4151/2018 & CRL.M.C. 4159/2018
2018:DHC:5192
criminal appeal_allowed

AI Summary

The Delhi High Court quashed cross FIRs arising from a family dispute after the parties amicably settled their differences and the complainants chose not to pursue the complaints.

Full Text
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CRL.M.C. 4151/2018 &
CRL.M.C.4159/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 17.08.2018
CRL.M.C. 4151/2018
PAWAN KUMAR SHARMA & ORS. ..... Petitioners
versus
THE STATE ( NCT OF DELHI) & ANR. ..... Respondents
CRL.M.C. 4159/2018
VINAY SHARMA & ORS ..... Petitioners
versus
THE STATE ( NCT OF DELHI) & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. J.K. Sharma, Advocate.
For the Respondent: Mr. Panna Lal Sharma, APP for the
State.
ASI Udayan Rana, PS Kanjhawala in
CRL.M.C. 4151/2018
ASI Anand Kumar, PS Kanjhawala in Crl.M.C.4159/2018.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
17.08.2018 SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.30156/2018 (exemption) in CRL.M.C. 4151/2018
2018:DHC:5192 Crl.M.A.30186/2018 (exemption) in CRL.M.C. 4159/2018
Exemptions are allowed subject to all just exceptions.
CRL.M.C. 4151/2018 & CRL.M.C. 4159/2018

1. Petitioners in Crl.M.C.4151/2018 seek quashing of FIR No.438/2016 under Sections 308/341/392 IPC, Police Station Kanjhawala and petitioner in Crl.M.C.4159/2018 seeks quashing of FIR No.437/2016 under Sections 451/308/34 IPC, Police Station Kanjhawala.

2. Parties are related to each other and the disputes are between the families of two brothers. The subject FIRs are the cross-FIRs. Subject FIRs were registered to a quarrel that took place on the spur of the moment on a misunderstanding.

3. Learned counsel for the petitioners submits that the parties have settled their disputes with the intervention of respectable persons of the locality and relatives and a Memorandum of Understanding dated 11.07.2018 has been executed between the parties.

4. The complainants/respondent No.2 in their respective petitions are present in person and are identified by the Investigating Officers. They submit that they have settled all their disputes. They further submit that they do not wish to press their respective complaints.

5. In view of the fact that the parties have resolved their disputes and the complainants do not wish to press their respective complaints; 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 petitions are allowed. FIR No.438/2016 under Sections 308/341/392/34 IPC, Police Station Kanjhawala and FIR No.437/2016 under Sections 451/308/34 IPC, Police Station Kanjhawala and the consequent proceedings emanating there from are quashed.

7. Order Dasti under the signatures of the Court Master SANJEEV SACHDEVA, J AUGUST 17, 2018 st