Balwant Singh & ORS v. The State (NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2894/2018 BALWANT SINGH & ORS ..... Petitioners Through Mr. Rajesh Kumar Singh, Advocate with petitioners in person.

versus THE STATE (NCT OF DELHI) & ORS ..... Respondents Through Mr. Arun Kumar Sharma, APP for the State.

SI Neeraj Kumar, Crime Branch.

Mr. Jitin Tewathia, Advocate for R-2 to 5 with R-2 to 5 in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 25.05.2018 1.

Petitioners seek quashing of FIR No.335/2009 under Sections 147/148/149/323/324 IPC, Police Station Vasant Kunj. 2.

The subject FIR has been registered consequent to a dispute over a property.

The parties are related to each other and residents of the same village. The subject FIR is a cross-FIR to FIR No.462/2009 under Sections 323/341/34 IPC, Police Station Vasant Kunj. 3.

Learned counsel for the petitioners submit that the parties have settled their disputes and a Memorandum of Settlement dated 25.04.2018 has been executed between the parties.

CRL.M.C. 2894/2018

4.

Petitioners are present in Court in person. They submit that they have settled the disputes with the respondents and they shall make an appropriate statement consenting to the compounding of the offences under Sections 323/341/34 IPC in FIR No.462/2009 before the Trial Court on the next date of hearing. The undertaking is accepted. 5.

The respondent Nos.2 to 5 are present in person, represented by a counsel and are identified by the Investigating Officer. They submit that they have settled their disputes with the petitioners and do not wish to prosecute the complaint any further.

6.

In view of the fact that the parties have resolved their disputes and respondent Nos. 2 to 5 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.

7.

In view of the above, the petition is allowed. The subject FIR No.335/2009 under Sections 147/148/149/323/324 IPC, Police Station Vasant Kunj as well as the consequent proceedings arising therefrom are quashed.

8.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MAY 25, 2018/st CRL.M.C. 2894/2018