Shakti & ORS. v. State & ANR.

$~56 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SHAKTI & ORS.

..... Petitioners Through Mr. T.K. Mukherjee and Mr. M.S.

Rawat, Advs.

versus STATE & ANR.

..... Respondents Through Mr. Arun Kr. Sharma, Addl. PP for the State Mr. Sushil Kr. Khari and Mr.Mannu Singh, Advs. for complainant

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 20.04.2018 Crl. M.A. No. 7225/2018 (Exemption) Allowed, subject to all just exceptions.

1.

The petitioners seek quashing of FIR No. 1664 of 2015 under Sections 308/34 of the IPC Police Station New Ashok Nagar, New Delhi, based on a settlement.

2.

The parties are neighbours.

It is alleged that on account of minor dispute, nephew of respondent no. 2, namely, Vikas Dedha S/o of Bachchan Singh was assaulted.

3.

Respondent no. 2 and Vikas Dedha are present in person in Court today and represented by their counsel. They submit that they

have settled the disputes with the intervention of locals and respectable people of the locality. Respondent No. 2 submits that he does not wish to press the criminal complaint against the petitioners any further. Compromise Deed dated 12.03.2018 has been entered between the parties. It is contended that with the intervention of senior members of the locality and respectable persons of the neighbourhood, the parties have settled their disputes. 4.

The petitioners appearing in person submit that they shall abide by the terms of the settlement. They undertake that they will amicably co-exist and reside with each other as neighbours. The undertaking is accepted.

5.

In view of the fact that the disputes between the parties have 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.

6.

In view of the above, the petitions are allowed FIR No. 1664 of 2015 under Sections 308/34 of the IPC Police Station New Ashok Nagar, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed, subject to depositing of cost of Rs.10,000/- by each of the petitioners 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. 7.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J APRIL 20, 2018 'rs'