Full Text
CRL.M.C. 1659/2018
URMILA & ORS Petitioners
Through: Mr. Kamlesh Kr. Mishra and Mr, Sanjay Baniwal, Advs.
Through: Mr. Akshai Malik, Addl. PP for the State
Mr. Sanjeev Sindhwani, Sr. Adv. with Mr. Sanjay Dua, Adv.
-f ANILTANEJA ' ....Petitioner
Mr. Sanjeev Sindhwani, Sr. Adv.’with
Mr. Sanjay Dua, Adv.
Through:
Through:
Respondents Mr. Akshai Malik, Addl. PP for the
State Mr. Kamlesh Kr. Mishra and Mr. Sanjay Baniwal, Advs. for R-2
06.04.2018 Crl. M.A. 5993/2018 (Exemption! in Crl, M.C. 1659/2018 & Crl, M.A. 5998/2018 (Exemption) in Crl. M.C. 1662/2018
Allowed, subject to all just exceptions.
Crl. M.C. 1659/2018 & CH. M.C. 1662/2018
BP—g
2018:DHC:8431
ORDER
1. The petitioners, in CRL.M.C. 1659/2018 seek quashing of FIR No. 578 of 2015 under Sections 323/341/506/34 of the IPC Police Station Kalkaji, Delhi.and Petitioner in CRL.M.C. 1662/2018 seeks quashing of FIR No. 577 of 2015 under Sections 354/354-A/354-B/506/509/ of the IPC Police Station Kalkaji, Delhi, based on a settlement. The subject FIRs are cross FIRs. The FIRs were registered / consequent to a quarrel which took place when action was being taken by municipal corporation seeking removal of unauthorized hawkers. Consequent to the quarrel the respective complainants,got the FIRs registered.
2. The petitioner, in CRL.M.C. 1662/2018, was then the President of Nehru Place Welfare Association (Regd.) and the petitioners, in Crl. M.C. 1659/2018, are the street vendors/hawkers in Nehru Place It is submitted that with the intervention of respectable members ofthe market, the parties have resolved their disputes.
3. area. 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 all their disputes with the intervention of locals and respectable people of the market. They further confirm that they have settled their disputes with each other and do not wish to press the criminal complaints against each other any further.
4. In view of the fact that the disputes between the parties has
5. CRL.M.C. 1659/2018 & Crl. M.C. 1662/2018 Page 2 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 also be expedient to quash the subject FIRs and the consequent proceedings emanating therefrom. In view of the above, the petitions are allowed. FIR No. 578 of 2015 under Sections 323/341/506/34 of the IPC Police Station Kalkaji, Delhi and FIR No. 577 of 2015 under Sections 354/354-A/354-B/506/509/ of the IPC Police Station Kalkaji, Delhi and the consequent proceedings emanating therefrom are, accordingly • quashed.
6. It is made clear that in Crl. M.C. 1662/2018, subject FIR is quashed, subject to petitioner therein depositing cost of Rs. 10,000/with the “Prisoners Welfare Fund, Jail No. 13, Mandoli”, Mangal Pandey Marg, Harsh Vihar, Village Mandoli, Delhi within two weeks. The receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of three weeks from today.
7. Order Dasti under signatures ofthe Court Master.
8. I SANJEEV SACHDEVA, J APRIL 06, 2018 ‘/■s’ CRL.M.C. 1659/2018 & Crl. M.C. 1662/2018 Page 3