Full Text
CRL.M.C. 2417/2018
DEEPAK GOYAL &ORS Petitioners
Through: Ms. Seema Sharma and Ms. Preeti, Advs. with petitioner inperson
Through: Mr. Akshai Malik, Addl. PP forthe State with SI Deepak Bhardwaj
HARISH KUMAR &ANR Petitioners
Through: Mr. Niloy Dasgupta, Adv. with petitioners in person
Through: Mr. Arun Kr. Sharma, Addl. PPfor the State with ASI Ram Avtar
Ms. Seema Sharma andMs. Preeti, Advs. for R-2
08.05.2018 Crl. M.A. 8635/2018 (Exemption) in CRL.M.C. 2417/2018 & Crl.
Allowed, subject to all justexceptions.
CRL.M.C. 241.7/2018 &Crl. M.C. 2430/2018 Page i
2018:DHC:8465
ORDER
1. The petitioners, in CRL.M.C. 2417/2018 seek quashing of FIR NO. 765 of2015 under Sections 308/34 ofthe IPC Police Station Adarsh Nagar, New Delhi and Petitioners in CRL.M.C. 2430/2018 seek quashing of FIR No. 762 of 2015 under Sections 323/325/34 of the IPC, Police Station Adarsh Nagar, New Delhi, based on a settlement. Subsequently Section 308 ofthe IPC has been added.
2. The subject FIRs are cross FIRs which were registered consequent toa quarrel which took place between the parties.
3. The parties are friends, neighbours and also related to each other. It is contended that the quarrel happened on the spur ofmoment on account of some misunderstanding. They have since settled their disputes. The memorandum of understanding dated 23.04.2018 has been executed with the intervention offriends and family.
4. Both 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 oflocals and respectable people of the locality. They further submit that they do not wish to press the criminal complaints against each other any further.
5. In view of the fact that the disputes between the parties has been settled, continuation of criminal proceedings will be an exercise in futility andjustice 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.
6. In view of the above, the petitions are allowed. FIR No. 765 of CRL.M.C. 2417/2018 & Crl. M.C. 2430/2018 2015 under Sections 308/34 ofthe IPG Police Station Adarsh Nagar, New Delhi and Petitioners in GRL.M.G. 2430/2018 seek quashing of FIR NO. 762 of 2015 under Sections 323/325/34 of the IPG and subsequently Section 308 ofthe IPG has been added, Police Station Adarsh Nagar, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed, subject to the each ofthe petitioners depositing cost of Rs.5,000/- each to be paid to the Delhi High Court Advocates Welfare, Trust within two weeks. The receipt ofdeposit ofthe costs imposed by this Order be furnished to the concerned Investigating Officer within aperiod of three weeks from today.
7. Order Dastiunder signatures of theGourt Master. MAY 08,2018 'rs' SANJE / SACHDEVA, J