Jagmal Singh Yadav @ Jagmal Yadav & ORS v. State ( Govt Of NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ JAGMAL SINGH YADAV @ JAGMAL YADAV & ORS ..... Petitioners Through Mr. Anil Sharma wit Mohd. Parvez, Advocates with petitioners in person.

versus STATE ( GOVT OF NCT OF DELHI) & ORS ..... Respondents Through Ms. Neelam Sharma, APP for the State.

Mr. Janjit Kumar, Advocate for R-2 & 3 with respondent Nos.2 and 3 in person.

ASI Tulli Ram, PS Badar Pur.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 01.05.2018 1.

The petitioners, by the present petition, seek quashing of FIR No.106/2013 under Sections 307/342/506/34 IPC and Sections 25/27/54/59 Arms Act, Police Station Badarpur, based on a settlement. 2.

It is contended that the parties are neighbours and the subject incident occurred on account of an altercation which took place consequent to the use and enjoyment of the respective properties. Cross-FIRs were registered.

3.

An FIR on the complaint of the respondent was registered being FIR No.517/2015 under Section 307/450/441/506/34/452/354 IPC and 25/27/54/59 Arms Act, Police Station Bardarpur. Consequent to the settlement between the parties, in FIR No.517/2015, a closure report was filed, which has been accepted by the Court, as the petitioners gave their 'no objection' to the same.

4.

Parties, with the intervention of the members of the locality, entered into a Compromise Deed dated 12.10.2017 for restoring peace and harmony in locality.

5.

Respondents 2 and 3 are present in person, represented by their counsel and are identified by the Investigating Officer. They confirm that they have settled their disputes and they do not wish to prosecute the criminal proceedings any further.

6.

In view of the above and keeping in view of the fact that the parties have resolved their disputes and respondents do not wish to press their complaint, and 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 be expedient to quash the subject FIR and the consequent proceedings emanating there from. 7.

In view of the above, the FIR No.106/2013 under Sections 307/342/506/34 IPC and Sections 25/27/54/59 Arms Act, Police Station Badarpur and the consequent proceedings emanating there from are quashed, subject to payment of the costs of Rs.50,000/- to be paid jointly by the petitioners to the Delhi Children Welfare Fund, Department of Women and Child Development, 1A, Canning Lane, K.G. Marg, New

Delhi, within a period of two weeks from today. Receipt of deposit of the costs imposed by this order be furnished to the concerned Investigating Officer within a period of four weeks from today. 8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MAY 01, 2018 st