Aashish Malik & ORS v. The State & ANR
$~54 & 66 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ AASHISH MALIK & ORS ..... Petitioners Through Mr. N.S. Dalal, Advocate.
versus THE STATE & ANR ..... Respondents Through Mr. Akshai Malik, APP for the State.
Mr. Satinder Singh with Ms. Sveta Khulbe, Advocates for respondent No.2.
Sub. Insp. Manish Yadav with Sub.
Insp. Pankaj,, PS Vasant Kunj (North) + RAKESH MALIK ..... Petitioners Through Mr. Satinder Singh with Ms. Sveta Khulbe, Advocates versus STATE (GOVT OF NCT OF DELHI) & ANR.
..... Respondents Through Mr. Ashish Negi, Advocate for Ms.
Richa Kapoor, ASC for State.
Sub. Insp. Manish Yadav with Sub.
Insp. Pankaj,, PS Vasant Kunj (North) Mr. N.S. Dalal, Advocate for respondent No.2.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
O R D E R
% 09.03.2018 Crl.M.A.4473/2018 (exemption) in W.P.(CRL) 727/2018 Exemption is allowed subject to all just exceptions.
CRL.M.C. 1218/2018 & W.P.(CRL) 727/2018 1.
Petitioners in these respective petitions seek quashing of crossFIRs registered against each other, based on a settlement. The petitioners in Crl.M.C. 1218/2018 seek quashing of FIR No.106/2018 under Sections 323/341/354/506/509/34 IPC, Police Station Vasant Kunj (North). Petitioner in W.P.(Crl.) 727/2018 seeks quashing of FIR No.105/2018 under Sections 323/341/308/506 IPC, Police Station Vasant Kunj (North).
2.
The parties are related to each other and are living in the same house.
It is submitted that during the celebration of Holi, the altercation occurred. It is contended that there is no history of any dispute between the parties. However, subject incident occurred on the spur of the moment. Parties have shown remorse at their conduct. It is submitted that they have resolved their disputes with the intervention of elders and with a view to restore peace and harmony in the family.
Settlement Agreement dated 05.03.2018 has been entered into between the parties.
3.
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 elders of the family. They further submit that they do not wish to press the criminal complaints against each other any further.
4.
In view of the fact that disputes between the parties have 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 petitions are allowed. FIR No.106/2018 under Sections 323/341/354/506/509/34 IPC, Police Station Vasant Kunj (North) and FIR No.105/2018 under Sections 323/341/308/506 IPC, Police Station Vasant Kunj (North) and the consequent proceedings emanating therefrom are, accordingly quashed.
6. Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MARCH 09, 2018 st