Khaleel & ORS v. The State ( NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3078/2018 KHALEEL & ORS ..... Petitioners Through Mr. R.N. Dubey, Advocate with petitioners in person.

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

SI Omveer Singh, PS Nand Nagri.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 30.05.2018 CRL.M.C. 3078/2018 & Crl.M.A.10814/2018 (stay) 1.

Petitioner seeks quashing of FIR No.304/2014 under Sections 323/354/342/34 IPC, Police Station Nand Nagri. 2.

The parties are related to each other.

Petitioner No.1 is the real brother of the respondent No.2. Petitioner No.2 is the wife of the petitioner No.1. The subject FIR was registered consequent to a quarrel that took place between the parties with regard to ownership of properties. It is informed that there is also a cross-FIR registered by the petitioner No.2 against the respondent No.2.

3.

Petitioner No.2 is present in Court in person. She undertakes that she has no objection to the quashing/compounding of the cross FIR filed by her and shall duly give her statement before the Trial Court consenting to CRL.M.C. 3078/2018

the compounding of the subject offence. The undertaking is accepted. 4.

Respondent No. 2 is present in person and is identified by the Investigating Officer. She submits that she has settled all the disputes with the petitioner. She further submits she does not wish to press her complaint any further.

5.

In view of the fact that 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 also be expedient to quash the subject FIR and the consequent proceedings emanating there from.

6.

In view of the above, the petition is allowed. FIR No.304/2014 under Sections 323/354/342/34 IPC, Police Station Nand Nagri and the consequent proceedings emanating there from are, accordingly quashed, subject to the petitioner depositing a cost of Rs.5,000/- with the Delhi High Court Bar Association Employees Welfare Fund 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 MAY 30, 2018/st CRL.M.C. 3078/2018