Babinder Singh Maan & Ors. v. The State (Govt of NCT of Delhi) & Anr

Delhi High Court · 14 Aug 2018 · 2018:DHC:5108
Sanjeev Sachdeva
CRL.M.C. 4096/2018 & 4108/2018
2018:DHC:5108
criminal appeal_allowed

AI Summary

The Delhi High Court quashed cross FIRs under Sections 354, 506, 509, 323, and 34 IPC based on a formal settlement and mediation between neighbors, holding that continuation of criminal proceedings would be futile.

Full Text
Translation output
CRL.M.C. 4096/2018 & 4108/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 14.08.2018
CRL.M.C. 4096/2018
BABINDER SINGH MAAN & ORS ..... Petitioners
versus
THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondents
CRL.M.C. 4108/2018
DEEPU & ANR ..... Petitioners
versus
THE STATE ( GOVT OF NCT OF DELHI) ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Gaurav Bhatt, Adv. (Crl. M.C. 4096/2018)
Mr. Varun Sharma, Adv. (Crl. M.C. 4108/2018)
For the Respondent: Mr. Raghuvinder Verma, Addl. PP for the State with SI Sukhbir Singh
Mr. Varun Sharma, Adv. for R-2 (Crl. M.C.
4096/2018)
Ms. Neelam Sharma, Addl. PP for the State with SI
Sukhbir Singh.
Mr. Gaurav Bhatt, Adv. for R-2 (Crl. M.C.
4108/2018)
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
2018:DHC:5108
JUDGMENT
14.08.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners, in Crl. M.C. 4096/2018 seek quashing of FIR No. 691/2014 under Sections 354/354-B/506/509/323/34 of the IPC at Police Station Keshav Puram, New Delhi and the petitioners, in Crl. M.C. 4108/2018 seek quashing of FIR No. 690/2014 under Sections 354/354-B/506/509/34 of the IPC at Police Station Keshav Puram, New Delhi, based on a settlement.

2. The parties are neighbours. The subject FIRs are cross FIRs and were registered consequent to a quarrel that took place between the parties on a trivial issue.

3. It is contended on behalf of the parties that the parties have settled their disputes with the intervention of respectable persons of the society, elders, well-wishers and family members. Settlement Agreement dated 27.11.2017 has been executed between the parties through the process of mediation held before the Delhi Mediation Centre, Rohini Courts, Delhi.

4. Both the parties are present in court in person, represented by their respective counsel and identified by the Investigating Officer. They submit that they have resolved their disputes and now are residing together amicably. They assure that they will not quarrel in future with each other. They submit that they have has settled all their disputes with each other and are agreeable to the settlement and do not wish to press the criminal charges against each other any further.

5. In view of the fact that the disputes between the parties have been settled, 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 petitions are allowed. FIR NO. 691/2014 under Sections 354/354-B/506/509/323/34 of the IPC at Police Station Keshav Puram, New Delhi and FIR No. 690/2014 under Sections 354/354-B/506/509/34 of the IPC at Police Station Keshav Puram, New Delhi and the consequent proceedings emanating there from are quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J AUGUST 14, 2018 ‘rs’