Mohd. Mustaqeen @ Sheera v. The State (NCT Of Delhi) & ANR

$~85 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2607/2018 MOHD. MUSTAQEEN @ SHEERA ..... Petitioner Through Mr. S.A. Khan, Mr. Rajeev Saxena with Mr. S.A. Khan, Mr. Rachit Sahney, Mr. Manish Khurana and Ms.

Namrata Chauhan, Advocates.

versus THE STATE (NCT OF DELHI) & ANR ..... Respondents Through Mr. G.M. Farooqui, APP for the State.

SI Satish Kumar, PS Kashmere Gate.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 15.05.2018 Crl.M.A.9239/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 2607/2018 1.

The petitioner seeks quashing of FIR No.122/2018 under Sections 354/323/506/509/34 IPC, Police Station Kashmiri Gate, based on a settlement.

2.

It is alleged that the subject incident happened in the heat of the moment and with the intervention of friends and well wishers, the parties have settled their disputes.

3.

Learned counsel for the petitioner submits that the parties have CRL.M.C. 2607/2018

settled their disputes and Deed of Settlement/Compromise dated 24.04.2018 has been executed between the parties. 4.

Respondent Nos.2 and 3 are present in person and identified by the Investigating Officer. They submit that they have settled the disputes with the petitioner and do not wish to press charges against the petitioner.

5.

In view of the fact that the parties have resolved their disputes and respondent Nos. 2 and 3 do not wish to press their complaint, 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. 6.

In view of the above, the petition is allowed. FIR No.122/2018 under Sections 354/323/506/509/34 IPC, Police Station Kashmiri Gate and the consequent proceedings emanating there from are accordingly quashed.

7.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MAY 15, 2018 st CRL.M.C. 2607/2018