Amar Singh & ORS v. State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2871/2018 & Crl. M.A. 10158/2018 AMAR SINGH & ORS ..... Petitioners Through:

Mr.Mukesh Kumar Singh, Adv.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr.Akshai Malik, APP for State SI Sandeep Yadav with HC Satya Prakash, PS Mehrauli.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 24.05.2018 1.

Petitioner seeks quashing of FIR No. 1910 of 2014 under Sections 323/341/345-B/289/506/34 IPC PS Mehrauli. 2.

Subject FIR emanates out of a quarrel between the neighbours consequent to a dog bite belonging to the petitioner. Parties, with the intervention of the members of locality, have settled their dispute vide settlement agreement dated 03.02.2018. Parties are present in the Court and undertake that they shall cohabit amicably and maintain law and order in the locality. The Undertaking is accepted. 3.

As per the FIR, apart from the respondent No.2, the son of respondent No.2 i.e. Rohtash was bitten by the dog. He is also present in Court and is identified by the IO. He also confirms that he has settled the dispute with the petitioner and does not wish to press the CRL.M.C. 2871/2018

complaint.

4.

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 petitioner any further. 5.

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 FIR and the consequent proceedings emanating therefrom.

6.

In view of the above, the petition is allowed. FIR No.1910 of 2014 under Sections 323/341/345-B/289/506/34 IPC PS Mehrauli and the consequent proceedings emanating therefrom are, accordingly quashed, subject to payment of costs of Rs.10,000/- to be paid by the petitioner No.1 to the Delhi High Court Advocates Welfare Trust within three weeks. The receipt of deposit of the cost shall be furnished to the IO within a period of four weeks. 7.

Order Dasti under the signature of the Court Master. SANJEEV SACHDEVA, J.

MAY 24, 2018/Neelam CRL.M.C. 2871/2018