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High Court of DelhiCRL.M.C./1698/2018

Ganesh & ORS v. The State Govt Of NCT Of Delhi & ORS

2018-05-14Hon'Ble Mr. Justice Sanjeev Sachdeva2 pages

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1698/2018 GANESH & ORS.

..... Petitioners Through Mr. Ashok Mahipal, Advocate.

versus THE STATE GOVT OF NCT OF DELHI & ORS. ..... Respondents Through Mr. Akshai Malik, APP for the State.

Mr Hemant Payak, Advocate for R-2.

ASI Shiv Murti, PS Kalyan Puri

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 14.05.2018 CRL.M.C. 1698/2018 1.

The petitioners seek quashing of FIR No.228/2014 under Sections 308/34 IPC, Police Station Kalyan Puri, based on a settlement.

2.

Learned counsel for the petitioners submits that both the parties have settled their disputes and a Compromise Deed dated 17.05.2017 has been executed between the parties. The cross-FIR filed by the petitioners against the respondent No.2 being FIR No.227/2014 under Sections 308/34 IPC, Police Station Kalyan Puri has already been quashed by order dated 08.12.2017 in Crl.M.C.4836/2017. 3.

The respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. He submits that he has settled all the disputes with the petitioners and he does not CRL.M.C. 1698/2018

wish to press his complaint.

4.

In view of the above and keeping in view of the fact that the parties have resolved their dispute and a Compromise Deed dated 17.05.2017, has been executed between the parties, and further respondent No.2 does not wish to press his complaint against the petitioners, 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 therefrom.

5.

Accordingly, the petition is allowed. FIR No.228/2014 under Sections 308/34 IPC, Police Station Kalyan Puri and the consequent proceedings emanating therefrom are hereby quashed. 6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MAY 14, 2018 st CRL.M.C. 1698/2018