Mukesh Jain & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 799/2018 MUKESH JAIN & ORS ..... Petitioners Through Mr. Rajesh Jain with Ms. Sakshi Arora, Advocates.

versus STATE & ANR ..... Respondents Through Mr. Arun Kumar Sharma, APP for the State.

Mr. Sanjay Kathuria with Mr. Ravi Bhargava, Advocates for the respondent No.2 with respondent No.2 in person.

Insp. Anuj Agarwal, PS Gandhi Nagar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 16.02.2018 1.

The petitioners seek quashing of FIR No.218/2016 under Sections 323/341/354-A/354-B/506/34 IPC; Police Station Gandhi Nagar. 2.

It is contended that the petitioners and the respondent No.2 are neighbours. It is contended that because of an altercation and misunderstanding, subject incident happened, leading to the registration of the FIR. It is further contended that the parties have settled all their disputes with the intervention of the respectable people of the neighbourhood with a view to restore peace and harmony in their locality and a settlement dated 11.08.2017 has been recorded before Delhi Mediation Centre, Karkardooma Courts.

3.

Learned counsel for the parties inform that the cross-FIR registered against the respondent No.2 being FIR No.219/2016 has also CRL.M.C. 799/2018

been settled and since the offences were compoundable, the same has been compounded.

4.

Respondent No.2 is present in person, represented by a counsel, and is identified by the Investigating Officer. She submits that she has settled the disputes with the petitioners and does not wish to press any charges against the petitioners.

5.

In view of the fact that the parties have settled their disputes with a view to restore peace and harmony, the parties being neighbours and a settlement dated 11.08.2017 has been recorded before Delhi Mediation Centre, Karkardooma Courts and the fact that the respondent No.2 does not wish to press any charges against the petitioner, in my view, no fruitful purpose would be served in continuing with the criminal proceedings as there is a slim likelihood of conviction. Further, in view of the fact that the parties have settled their disputes, it would be expedient and in the interest of justice, to quash the subject FIR as well as the consequent proceedings arising there from. 6.

In view of the above, the subject FIR No.218/2016 under Sections 323/341/354-A/354-B/506/34 IPC; Police Station Gandhi Nagar and the consequent proceedings emanating there from are quashed. 7.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 16, 2018 st CRL.M.C. 799/2018