Full Text
HIGH COURT OF DELHI
JUDGMENT
PINTU ..... Petitioner
SUNIL & ANR ..... Petitioners
Advocates who appeared in this case:
For the Petitioner(s) : Mr. Vivekanand Jha, Adv. in Crl. M.C. 2524/2018
Mr. F.K. Jha, Adv. in Crl. M.C. 2529/2018 For the Respondents: Mr. Kamal Kr. Ghai, Addl. PP for the State with SI
Naib Singh Mr. Vivekanand Jha, Adv. in Crl. M.C. 2529/2018
Mr. F.K. Jha, Adv. in Crl. M.C. 2524/2018
2018:DHC:4073
Crl. M.A. 8974/2018 (Exemption) in Crl. M.C. 2524/2018
Allowed, subject to all just exceptions.
Crl. M.C. 2524/2018 & Crl. M.C. 2529/2018
1. The petitioner, in Crl. M.C. 2524/2018, seeks quashing of FIR No. 6 of 2011 under Sections 324/326 of the IPC registered at Police Station Kirti Nagar, Delhi and the petitioners, in Crl. M.C. 2529/2018, seek quashing of FIR No. 5 of 2011 under Sections 324/326/34 of the IPC registered at Police Station Kirti Nagar, Delhi, based on a settlement.
2. The subject FIRs were registered consequent to a quarrel that took place between the parties over trivial issues. The petitioners as well as complainants work in the same area. It is contended that the subject FIRs are cross FIRs.
3. Learned counsels for the parties submit that the parties have settled their disputes through the process of mediation held at Delhi Mediation Centre, Tis Hazari Courts, Delhi and the settlement agreement dated 05.05.2017 has been executed. The parties who are present in Court undertake that they shall not quarrel or cause disturbance in future. The undertaking is accepted.
4. Status report has been filed. The said report does not indicate anything adverse, in so far as, the antecedents of the accused persons in these FIRs are concerned.
5. Complainants in the respective FIRs are present in court in person, represented by their counsels and are identified by the Investigating Officer. They submit that they have settled the disputes with each other and are agreeable to the settlement and do not wish to press the criminal charges against each other any further.
6. In view of the fact that the disputes between the petitioners and respondents 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.
7. In view of the above, the petitions are allowed. FIR No. 6 of 2011 under Sections 324/326 of the IPC registered at Police Station Kirti Nagar, Delhi and FIR No. 5 of 2011 under Sections 324/326/34 of the IPC registered at Police Station Kirti Nagar, Delhi and the consequent proceedings emanating therefrom are, accordingly quashed.
8. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J JULY 11, 2018 ‘rs’