Sanjeev Mathur & ORS v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SANJEEV MATHUR & ORS ..... Petitioners Through Mr. V.K. Mali and Mr.Rahul Raj Malik, Mr. Ravin Rao, Adv. with petitioners versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through Mr. Mukesh Kumar, Addl. PP for the State with SI Ramesh Kumar

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 24.05.2018 1.

The petitioners seek quashing of FIR No. 300/2007 under Sections 380/382/388/389/395/447/448/450/451/452/365/511 IPC, Police Station Sultanpuri, Delhi as also the C.C. No. 15301/2016, titled as 'Dr. Ramesh Chand Garg Vs. Sanjeev Mathur & Ors.' under Section 190/200 of the Cr. P.C., Police Station Sultanpuri, Delhi. 2.

Though the FIR was filed under above referred sections, the trial court vide order dated 27.06.2009 took cognizance under Section 380/447/451/506 read with Section 120-B of the IPC. 3.

Subject FIR emanates out of a demarcation dispute with regard to the properties owned by the parties.

4.

The parties were referred to mediation.

It is contended that through the process of mediation held at Delhi Mediation Centre, Tis Hazari Courts, Delhi, parties have settled their disputes on 05.01.2018. The settlement not only encompasses the present dispute but also all the civil disputes between the parties. 5.

Learned counsel for the petitioner as well as respondent no. 2, under instructions, submit and confirm that all the obligations have been duly performed and the entire disputes between the parties have been settled.

6.

Respondent no. 2 is present in person in Court today and is identified by the Investigating Officer. He submits that he has settled the disputes with the intervention of respectable members of the family. Respondent No. 2 submits that he does not wish to press the criminal complaint against the petitioners any further. 7.

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.

8.

In view of the above, the petition is allowed. FIR No. 300/2007 under Sections 380/382/388/389/395/447/448/450/451/452/365/511 IPC, Police Station Sultanpuri, Delhi as also the C.C.

No.

15301/2016, titled as 'Dr. Ramesh Chand Garg Vs. Sanjeev Mathur & Ors.' under Section 190/200 of the Cr. P.C., Police Station Sultanpuri, Delhi and the consequent proceedings emanating therefrom are, accordingly quashed, subject to the petitioners depositing a consolidated cost of Rs.20,000/- with the Delhi High Court Advocates Welfare Trust 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. 9.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MAY 24, 2018 'rs'