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High Court of DelhiCRL.M.C./855/2018

Rajeev @ Raju & ORS v. The State Govt Of NCT Of Delhi & ANR

2018-05-14Hon'Ble Mr. Justice Sanjeev Sachdeva2 pages

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 855/2018 RAJEEV @ RAJU & ORS.

..... Petitioners Through Mr. Raj Kumar Rajput, Advocate for petitioner No.1.

Mr. Aseet Kumar, Advocate for petitioner Nos.2 and 3 versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr. Mukesh Kumar, APP for the State.

SI Gajendra Singh, PS Hauz Khas.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 14.05.2018 CRL.M.C. 855/2018 1.

The petitioners seek quashing of FIR No.942/2015 under Sections 323/384/452/506/34 IPC, Police Station Hauz Khas. 2.

The subject FIR alleges that the petitioners have demanded money from the complainant and, on his failure to pay the same, damaged the goods and articles lying in his shop. 3.

Learned counsel for the petitioners submits that both the parties have settled their disputes and a compromise deed dated 03.09.2015 has been executed between the parties.

4.

The respondent No.2 is present in person and is identified by the Investigating Officer. He submits that he has settled all the CRL.M.C. 855/2018

disputes with the petitioners and he does not wish to press his complaint.

5.

In view of the above and keeping in view of the fact that the parties have resolved their dispute and a Compromise Deed dated 03.09.2015, has been executed between the parties, and further respondent No.2 does not wish to press his complaint against the petitioners, 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 be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

6.

Accordingly, the petition is allowed. FIR No.942/2015 under Sections 323/384/452/506/34 IPC, Police Station Hauz Khas and the consequent proceedings emanating therefrom are hereby quashed, subject to the petitioners depositing costs of Rs.5,000/- each, which shall be paid to the " Delhi High Court Advocates Welfare Trust", within a period of three weeks from today. Receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of four weeks from today. 7.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MAY 14, 2018/st CRL.M.C. 855/2018