Monti & ORS v. State & ORS

$~107 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2826/2018 MONTI & ORS ..... Petitioner Through :

Mr Anup Kumar Das and Ms Aayushi Gupta, Advocates.

versus STATE & ORS ..... Respondent Through :

Mr Uday Chaudhan, Advocate for R-2 & 3.

Mr Arun Kumar Sharma, APP.

ASI Dinesh Kumar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 23.05.2018 Crl. M.A. 10031/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 2826/2018 1.

Petitioner seeks quashing of FIR No.121/2018 under Sections 323/341/308/34 IPC, Police Station Sunlight Colony, based on a Settlement.

2.

Parties are neighbours.

3.

Subject FIR was registered after a quarrel between the parties

with regard to playing of music in a marriage party. 4.

Parties have settled their disputes.

Memorandum of Understanding/Settlement Deed dated 27.04.2018 has been executed between the parties.

5.

The Settlement records that the dispute occurred on the spur of the moment.

6.

Parties are present in Court in person are also represented by their respective counsels and identified by the Investigating Officer. They undertake that they will maintain cordial relations between them in future. They confirm that they have arrived at a Settlement with a view to maintain peace and harmony in the locality and further submit that they do not wish to press charges against each other. 7.

In view of the above and keeping in view of the fact that the parties have resolved their dispute with a view to maintain cordial relations between them and Memorandum of Understanding / Settlement Deed dated 27.04.2018 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.

8.

Accordingly, FIR No.121/2018 under Sections 323/341/308/34 IPC, Police Station Sunlight Colony, and the consequent proceedings emanating therefrom are hereby quashed.

9.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J MAY 23, 2018 'Sn'