Satender Tomar & ORS v. State Of NCT & ANR

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:23.08.2018 + CRL.M.C. 4238/2018 & Crl.M.A.30480/2018 SATENDER TOMAR & ORS ..... Petitioners versus STATE OF NCT & ANR ..... Respondents Advocates who appeared in this case:

For the Petitioner(s) :

Mr.Rahul Singh Chauhan, Adv.

For the Respondent(s):

Mr.Panna Lal Sharma, Addl. PP for the State with SI Ranveer Singh, P.S. Vasant Vihar CORAM:- HON'BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

23.08.2018 SANJEEV SACHDEVA, J. (ORAL) 1.

Petitioners seek quashing of FIR No.357/2014 under Sections 325/506/34 IPC at Police Station Vasant Vihar. Subsequently, chargesheet has been filed under Section 308 IPC.

2.

The parties were partners in a partnership firm. On account of some financial disputes a quarrel took place which led to the incident consequent to which the subject FIR has been registered. 3.

Parties have settled their disputes not only with regard to the subject FIR but also with regard to the partnership concern. Compromise Deed CRL.M.C. 4238/2018

dated 17.04.2018 has been executed.

4.

Respondent No.2/complainant present in court in person is identified by the Investigating Officer. He submits that he has settled the disputes with the petitioner and does not wish to prosecute the complaint any further.

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 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.357/2014 under Sections 308/325/506/34 IPC at Police Station Vasant Vihar and the consequent proceedings emanating therefrom are, accordingly quashed, subject to the payment of cost of Rs.5,000/- to be deposited by each of the petitioners in the Chief Minister Disaster Relief Fund of the State of Kerala 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.

7.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J AUGUST 23, 2018/rk CRL.M.C. 4238/2018