Sulekha Spiarma & Ors v. State (Govt of NCT of Delhi) & Ors

Delhi High Court · 16 May 2018 · 2018:DHC:8467
Sanjeev Sachdeva
CRL.M.C. 1960/2018 & CRL.M.C. 1965/2018
2018:DHC:8467
criminal appeal_allowed

AI Summary

The Delhi High Court quashed cross-FIRs arising from a petty neighborly dispute after the parties amicably settled through mediation and expressed no desire to continue prosecution.

Full Text
Translation output
$-4 & 5 HIGH COURT OF DELHI
CRL.M.C. 1960/2018
SULEKHA SPIARMA & ORS Petitioners
Through
VERSUS
STATE (GOVT OF NCT OF DELHI) & ORS
CRL.M.C. 1965/2018
BABY & ORS.
Through
VERSUS
STATE (GOVT OF NCT OF DELHI) & ORS.. Respondents
Petitioner Respondent
Through : Mr S.K.Mishra and Mr B.P.Pandey, Advocates for Petitioners.
Ms Neelam Sharma, APP.
SI Amit, PS Lajpat Nagar, Delhi.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
16.05.2018 Crl. M.A. 6970/2018fexemption) in CRL.M.C. 1960/2018
Crl. M.A. 6982/2018(excmption) in CRL.M.C. 1965/2018
Allowed, subject to alljust exceptions.
Crl.M.C.1960/2018 &1965/2018 Page 1 2018:DHC:8467
CRL.M.C. 1960/2018 & Crl.M.A.6971/2018(delav in re-filing for
38 days)
CRL.M.C. 1965/2018 & Crl.M.A.6983/2018(delav in re-filing for
38 days)
ORDER

1. Petitioners in CRL.M.C. 1960/2018 seek quashing. of FIR No.141/2016 under Sections 354/509/323/34 IPC, Police Station Lajpat Nagar.

2. Petitioners in CRL.M.C. 1965/2018 seek quashing of FIR No. 142/2016 under Sections 354/509/323/34 IPC, Police Station Lajpat Nagar.

3. Both the FIRs are cross-FIRs.

4. Parties are neighbours and the subject FIRs emanate out of the quarrel which took place on petty disputes between the neighbours. 5., Parties were referred to Mediation. Settlement was arrived at between the parties before the Mediation Centre, Saket Courts, New Delhi, on 06.02.2018.

6. The Settlement records that the dispute occurred on the spur of the moment and with the intervention of the respectable relative, friends and well wishers, the parties have agreed to amicably settle their disputes with a view to restore peace and harmony between them. Parties have also regretted their conduct.

7. Parties are present in Court in person and are identified by the Investigating Officer. They confirm that they have arrived at a Settlement with a view to maintain peace and harmony in the locality Crl.M.C.1960/2018 &1965/2018 Page 2, \A and further submit that they do not wish to press their charges against each other any further.

8. In view of the above and keeping in view of the fact that the parties have resolved their dispute with the intervention of the respectable members ofthe Society, relative, friends and well wishers with a view to restore peace and harmony between them and a Settlement has been arrived at between the parties before the Mediation Centre, Saket Courts, New Delhi, on 06.02.2018, and further they do not wish to press charges against each other, 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 ofjustice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating there from.

9. Accordingly, FIR No.141/2016 under Sections 354/509/323/34 IPC, Police Station Lajpat Nagar and FIR No.142/2016 under Sections 354/509/323/34 IPC, Police Station Lajpat Nagar are hereby quashed.

10. Order Dasti under signatures of Court Master. MAY 16, 2018 'Id' SANJE]EV SACHDEVA, J