Urmila & ORS v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

* + CRL.M.C. 1659/2018 URMILA & ORS Petitioners Through:

Mr. Kamlesh Kr. Mishra and Mr, Sanjay Baniwal, Advs.

versus STATE (NCT OF DELHI) & ANR Respondents Through:

Mr. Akshai Malik, Addl. PP for the State Mr. Sanjeev Sindhwani, Sr. Adv. with Mr. Sanjay Dua, Adv.

CRL.M.C. 1662/2018 -f ANILTANEJA '

....Petitioner Mr. Sanjeev Sindhwani, Sr. Adv.'with Mr. Sanjay Dua, Adv.

Through:

versus STATE (NCT OF DELHI) & ANR Through:

Respondents Mr. Akshai Malik, Addl. PP for the State Mr. Kamlesh Kr. Mishra and Mr.

Sanjay Baniwal, Advs. for R-2

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

ORDER

% 06.04.2018 Crl. M.A. 5993/2018 (Exemption! in Crl, M.C. 1659/2018 & Crl, M.A. 5998/2018 (Exemption) in Crl. M.C. 1662/2018 Allowed, subject to all just exceptions.

Crl. M.C. 1659/2018 & CH. M.C. 1662/2018 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

BP-g CRL.M.C. 1659/2018 & Crl. M.C. ,1662/2018

1. The petitioners, in CRL.M.C. 1659/2018 seek quashing of FIR No. 578 of 2015 under Sections 323/341/506/34 of the IPC Police Station Kalkaji, Delhi.and Petitioner in CRL.M.C. 1662/2018 seeks quashing of FIR No. 577 of 2015 under Sections 354/354-A/354-B/506/509/ of the IPC Police Station Kalkaji, Delhi, based on a settlement.

The subject FIRs are cross FIRs. The FIRs were registered / consequent to a quarrel which took place when action was being taken 2.

by municipal corporation seeking removal of unauthorized hawkers. Consequent to the quarrel the respective complainants ,got the FIRs registered.

The petitioner, in CRL.M.C. 1662/2018, was then the President 3.

of Nehru Place Welfare Association (Regd.) and the petitioners, in Crl. M.C. 1659/2018, are the street vendors/hawkers in Nehru Place It is submitted that with the intervention of respectable area.

members of the market, the parties have resolved their disputes. Both the parties are present in person in Court today, 4.

represented by their counsels and are identified by the Investigating Officer. They submit that they have settled all their disputes with the intervention of locals and respectable people of the market. They further confirm that they have settled their disputes with each other and 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 5.

CRL.M.C. 1659/2018 & Crl. M.C. 1662/2018

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.

In view of the above, the petitions are allowed. FIR No. 578 6.

of 2015 under Sections 323/341/506/34 of the IPC Police Station Kalkaji, Delhi and FIR No. 577 of 2015 under Sections 354/354-A/354-B/506/509/ of the IPC Police Station Kalkaji, Delhi and the consequent proceedings emanating therefrom are, accordingly • quashed.

It is made clear that in Crl. M.C. 1662/2018, subject FIR is 7.

quashed, subject to petitioner therein depositing cost of Rs. 10,000/- with the "Prisoners Welfare Fund, Jail No. 13, Mandoli", Mangal Pandey Marg, Harsh Vihar, Village Mandoli, Delhi within two weeks. The receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of three weeks from today.

Order Dasti under signatures of the Court Master. 8.

I SANJEEV SACHDEVA, J APRIL 06, 2018 '/■s'

CRL.M.C. 1659/2018 & Crl. M.C. 1662/2018