Kunwar Sain Bodh & ANR v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2460/2018 KUNWAR SAIN BODH & ANR ..... Petitioners Through:

Mr. Pankaj Kumar, Adv.

versus THE STATE & ANR ..... Respondents Through:

Ms. Neelam Sharma, Addl. PP for the State with SI Rahul Sagar

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 09.05.2018 1.

The petitioners seek quashing of FIR No. 134 of 2011 under Sections 325/452/506/34 of the IPC Police Station Seema Puri, New Delhi, based on a settlement.

2.

The subject FIR was registered consequent to a dispute with regard to an agreement for sale of the basement of the building. Consequently, moveable property of the complainant got damaged. 3.

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. Settlement agreement dated 06.03.2017 has been executed.

4.

The petitioner had agreed to pay a sum of Rs. 50,000/- to the complainant for the loss caused to his property. The said amount of Rs. 50,000/- already stands paid. Respondent no. 2 confirms that he has received the said amount.

CRL.M.C. 2460/2018

5.

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 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. 6.

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.

7.

In view of the above, the petitions are allowed FIR No. 134 of 2011 under Sections 325/452/506/34 of the IPC Police Station Seema Puri, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed, subject to the petitioners' depositing cost of Rs.25,000/- to be paid to the Delhi High Court Advocates Welfare Trust within four weeks. The receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of five weeks from today. 8.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MAY 09, 2018/'rs'

CRL.M.C. 2460/2018