Ravi & ORS v. The State & ORS

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1128/2018 RAVI & ORS ..... Petitioner Through:

Ms. Tanu Gaur, Adv.

versus THE STATE & ORS ..... Respondents Through:

Mr. Mukesh Kumar, Addl. PP for the State with IO Mr. Nikhil Rastogi, Adv. for R-2 to 5

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 05.03.2018 Crl. M.A. 4078/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 1128/2018 1.

The petitioners seek quashing of FIR No. 316 of 2017 under Sections 308/323/341/34 of the IPC Police Station Swaroop Nagar, New Delhi, based on a settlement.

2.

The parties are neighbours and the subject FIR emanates out of a minor quarrel which happened between the parties on account of bursting crackers on the occasion of Deewali. The petitioners have paid a sum of Rs. 20,000/- by way of Cheque Nos. 528754, 528755, 528756 & 528757 all dated 05.03.2018 in the sum of Rs. 5000/- each favouring respondent nos. 2 to 5 as compensation for the injuries sustained by them. CRL.M.C. 1128/2018

3.

Respondent no. 2 to 5 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 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 the petitioners any further.

4.

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 justice being the ultimate guiding factor. It would also be expedient to quash the subject FIRs and the consequent proceedings emanating therefrom.

5.

In view of the above, the petition is allowed. FIR No. 316 of 2017 under Sections 308/323/341/34 of the IPC Police Station Swaroop Nagar, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed.

6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MARCH 05, 2018 'rs'

CRL.M.C. 1128/2018