Suresh Gupta & Ors v. State (Govt. N.C.T of Delhi) & Anr

Delhi High Court · 03 Apr 2018 · 2018:DHC:8416
Sanjeev Sachdeva
CRL.M.C. 917/2018
2018:DHC:8416
criminal appeal_allowed

AI Summary

The High Court quashed FIRs and criminal proceedings arising from a neighborly dispute based on an amicable settlement between the parties, exercising its inherent powers under Section 482 CrPC.

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IN THE HIGH COURT
CRL.M.C. 917/2018
SURESH GUPTA & ORS
OF DELHI AT NEW DELHI
+ ....Petitioners
Through: Mr. Inder^et Singh, Adv. with petitioners in person
VERSUS
STATE & ANR....Respondents
Addl. PP for the
Through: Mr. Akshai Malik,.
State with SI Seema
Mr. Manish Bhadauria
Priyanka Bhadauria, in person. and Ms. Advs. with R-2
+ CRL.M.C. 937/2018
SUNIL YADAV
Petitioner
Through. Mr. Manish Bhadauria and Ms. Pnyanka Bhadauria, Advs.
VERSUS
STATE (GOVT.N.C.T OF DELHI &ANR d
Through: Mr. Akshai Malik, Addl. prfYthe
State with SI Seema
Mr. Inderjeet Singh, respondent no. 2 in person
Adv. with
CORAM:
HON’BLE MR. '^Td F, SACHDEVA
W.04.2018
%
JUDGMENT

1. The petitioner in CRL.M.C. 937/2018 seeks i impleadment of CRL.M.C. 91^2018 & CRL. RC. 937^ Page 1 2018:DHC:8416 respondent no. 3. The impleadment is allowed. The amended memo of parties is taken on record.

2. The petitioners, in CRL.M.C. 917/2018 seek quashing of FIR No. 126 of 2013 under Sections 323/354/34 of the IPC Police Station Shahdara, Delhi and Petitioner in CRL.M.C. 937/2018 seeks quashing of FIR No. 124 of 2013 under Sections 323/354A/354B/506 of the IPC read with Section 8 ofthe POCSO Act registered at Police Station Shahdara, Delhi, based on a settlement. The parties are neighbours and live in the same multi-storied complex. Subject FIRs have been registered consequent to a quarrel that took place between the parties and cross FIRs were registered. They submit that they have settled their disputes with the intervention of the respectable members of the locality as well as senior family members.

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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 of locals and respectable people of the locality. They further submit that they do not wish to press the criminal complaints against each other any further. 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 of

5. CRL.M.C. 917/2018 & CRL. M.C. 937/2018 Page 2 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. 126 of 2013 under Sections 323/354/34 of the IPC Police Station Shahdara, Delhi and FIR No. 124 of 2013 under Sections 323/354A/354B/506 of the IPC read with Section 8 of the POCSO Act, Police Station Shahdara, Delhi and the consequent proceedings emanating therefrom are, accordingly quashed.

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7. Order Dasti under signatures ofthe Court Master. I } (XyyY^ SANJEEV 4: SACHDEVA, J APRIL 03, 2018 Vs’ J CRL.M.C. 917/2018 & CRL. M.C. 937/2018 Page 3