Pankaj Gautam v. State & ORS.

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1951/2018 PANKAJ GAUTAM ..... Petitioner Through :

Mr M.N.Dudeja and Mr Anuj Chauhan, Advocates.

versus STATE & ORS.

..... Respondent Through :

Mr I.L.Behl, Advocate.

Mr Mukesh Kumar, APP.

SI Amit Kumar

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 22.05.2018 1.

Petitioner seeks quashing of FIR No.15/2016 under Sections 336/337 IPC, Police Station Karawal Nagar, based on a Settlement. 2.

Subject FIR was registered consequent to a quarrel which took place between neighbours on account of alleged rash and negligent driving and use of vehicles. It is alleged that two shots was fired in the air by the petitioner in self defence from his licensed revolver. 3.

Parties have settled their dispute. Settlement Deed dated 30.03.2018 has been executed between the parties.

4.

Respondent No.4 is the father of the petitioner and had sustained minor injuries. Respondent Nos.2 & 3 are also neighbours. 5.

With the intervention of the respectable members of the Resident Welfare Association, the parties have amicably settled their disputes and differences.

6.

The Settlement records that the dispute occurred on the spur of the moment and with the intervention of the respectable members of the Resident Welfare Association, the parties have amicably settled their disputes and differences.

7.

Parties are present in Court in person, are also represented by counsel and identified by the Investigating Officer and undertake that they will maintain goodwill and harmony between the parties and peace in the locality.

They confirm that they have arrived at a Settlement with a view to maintain peace and harmony in the locality and further submit that they do not wish to press their complaint any further.

8.

In view of the above and keeping in view of the fact that the parties have resolved their dispute with the intervention of the respectable members of the Resident Welfare Association with a view to restore peace and harmony in the locality and Settlement Deed dated 30.03.2018 has been executed between the parties and further they do not wish to press charges against each other, 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.

9.

Accordingly, FIR No.15/2016 under Sections 336/337 IPC, Police Station Karawal Nagar, and the consequent proceedings emanating therefrom are hereby quashed, subject to the petitioner depositing costs of Rs.10,000/-, which shall be paid to the "Delhi High Court Advocates Welfare Trust", 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 three weeks from today.

10.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J MAY 22, 2018 'Sn'