Rajinder Singh @ Ladi & Ors v. State (NCT) of Delhi & Anr

1. The petitioners, in CRL.M.C. 847/2018 seek quashing of FIR NO. 254 of 2016 under Sections 323/325/354/34 of the IPC Police Station Kalkaji, New Delhi, petitioners, in CRL.M.C. 853/2018 seek quashing of FIR No. 409 of 2015 under Sections 323/354/506/34 of the IPC PoHce Station Kalkaji, New Delhi, petitioners, in CRL.M.C. 2064/2018 seek quashing of FIR No. 410 of 2015 under Sections 323/354/34 of the IPC Police Station Kalkaji, New Delhi and Petitioners in CRL.M.C. 2128/2018 seek quashing of FIR No. 253 of 2016 under Sections 323/354/34 of the IPC Pohce Station Kalkaji, New Delhi.

2. Petitioner No. 3 - Sonu in Crl. M.C. 847/2018 is not present. Prayer CRL.M.C. 847/2018, 853/2018,2064/2018& 2128/2018 Page 2 of personal exemption on his behalf is made on the ground of personal emergency. He has filed his affidavit in support of the petition. In view of the above, petitioner no. 3 Sonu is granted exemption from his personal appearance.

3. FIR No. 409/2015 & 410/2015 and FIR No. 253/2016 & 254/2016 are cross FIRs between the parties. Subject FIRs emanate out of the disputes between the parties with regard to control and management of a cremation ground at Nehru Place. -.

4. The parties have settled their disputes. The settlement agreements qua each FIR have been entered into separately; all dated 29.05.2017.

5. All the parties are present in person in Court today, represented by their counsels and are identified by the Investigating Officer. They submit that they have settled their all disputes with the intervention of locals and respectable people of the locality. They undertake that they shall not quarrel with regard to management and control of the cremation ground in future. They further submit that they do not wish to press the criminal complaints against each other any further.

6. In view of the fact that the disputes between the parties has 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 ofjustice being the ultimate guiding factor. It would also be expedient to quash the subject FIRs and the consequent proceedings,emanating therefrom.

7. In view of the above, the petitions are allowed. FIR No. 254 of 2016 under Sections 323/325/354/34^ of the IPG Police Station Kalkaji, CRL.M.C. 847/2018, 853/2018, 2064/2018 & 2128/2018 Pages V r - New Delhi, FIR No. 409 of 2015 under Sections 323/354/506/34 ofthe IPC Police Station Kalkaji, New Delhi, FIR No. 410 of 2015 under Sections 323/354/34 of the IPC Police Station Kalkaji, New Delhi and FIR No. 253 of2016 under Sections 323/354/34 ofthe IPC Police Station Kalkaji, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed, subject to each of the petitioners depositing cost of Rs.7500/- each to be paid by the petitioners to the Delhi High Court Advocates Welfare Trust within two weeks. The receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within aperiod ofthree weeks from today.

8. It is clarified that where a petitioner is common in the connected petitiononly one costshall bepaid.

9. Order Dasti under signatures ofthe Court Master.

SANJEE I MAY 08, 2018 V SACHDEVA, J 'rs'