Rakesh Bhatia & ORS v. The State ( Govt Of NCT Delhi) & ANR

$~56 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1581/2018 RAKESH BHATIA & ORS ..... Petitioners Through:

Mr. Akhileshwar Jha, Adv.

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

Ms. Neelam Sharma, Addl. PP for the State with SI Raghuveer, PS Bindapur

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 03.04.2018 1.

On the oral prayer of the petitioners - Sushila, Basu Dev and Rahul are impleaded as petitioners. Amended memo of parties along with their respective affidavits confirming the settlement between petitioners and respondents are taken on record.

2.

The petitioners seek quashing of FIR No. 17 of 2014 under Sections 308/323/506/509/34 of the IPC Police Station Bindapur, Delhi, based on a settlement.

3.

The parties are neighbours and the subject FIR was registered consequent to a quarrel which took place between the parties. Cross FIR No. 18/2014 under Sections 324/323/34 of the IPC Police Station Bindapur was registered on the complaint of the petitioners against the respondents. The parties are present in person in Court. They submit that they have settled all their disputes with regard to the contentions of both the FIRs. CRL.REV.P. 157/2017

4.

Learned counsel for the petitioners submits that since the offences under FIR No. 18/2014 are compoundable, an appropriate application seeking compounding of the offences has already been filed before the trial court and they undertake that as and when the said application is listed they shall consent to the compounding of the offences. 5.

Respondent no. 2 to 6 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 locals and respectable people of the locality. They further submit that they do not wish to press the criminal complaint against the petitioners any further.

6.

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.

7.

In view of the above, the petition is allowed. FIR No. 17 of 2014 under Sections 308/323/506/509/34 of the IPC Police Station Bindapur, Delhi and the consequent proceedings emanating therefrom are, accordingly quashed.

8.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J APRIL 03, 2018 'rs'

CRL.REV.P. 157/2017