Deepal Davral & ANR v. State & ANR

$~55 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2331/2018 DEEPAL DAVRAL & ANR ..... Petitioners Through :

Mr Jitendre, Advocate.

versus STATE & ANR ..... Respondent Through :

Mr G.M.Farooqui, APP.

SI Shri Gopal, PS Shakar Pur.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 03.05.2018 Crl. M.A. 8294/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 2331/2018 1.

Petitioners seek quashing of FIR No.228/2011 under Sections 308/34 IPC, Police Station Shakarpur, based on a Settlement. 2.

Subject FIR was registered consequent to a quarrel that took place between the parties at the time of marriage of the relation of the complainant.

3.

Parties are neighbours living in the same locality. 4.

With the intervention of the friends, well-wishers and

respectable elder members of the locality, the parties have amicably settled their disputes. Compromise/Settlement Deed dated 25.01.2018 has been executed between the parties.

5.

The Settlement records that the dispute occurred on the spur of the moment and with the intervention of the friends, well-wishers and respectable elder members of the locality, the parties have agreed to amicably settle their disputes with a view to restore peace and harmony in the locality.

6.

Respondent No.2 is present in Court in person, is identified by the Investigating Officer. He confirms that the parties have arrived at a Settlement with a view to maintain peace and harmony in the locality and further submits that he does not wish to press his complaint any further.

7.

The petitioners are also present in person in Court. They have regretted their conduct.

8.

In view of the above and keeping in view of the fact that the parties have resolved their dispute with the intervention of respectable members of the Society with a view to restore peace and harmony between them and a Compromise/Settlement Deed dated 25.01.2018 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.228/2011 under Sections 308/34 IPC, Police Station Shakarpur, and the consequent proceedings emanating therefrom are hereby quashed, subject to the petitioners depositing costs of Rs.10,000/- each, 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 03, 2018 'Sn'