Anup Kumar v. The State (NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3101/2018 ANUP KUMAR ..... Petitioner Through :

Mr Inder Raj Sharma, Advocate.

versus THE STATE (NCT OF DELHI) & ORS ..... Respondents Through :

Mr Mukesh Kumar, APP.

SI Ranbir Singh, PS Neb Sarai.

Mr Parmod Kalirana, Ms Shweta Soni and Mr R.K.Mehta, Advocates for R2, 3 & 4.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 31.05.2018 Crl. M.A. 10875/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 3101/2018 & Crl.M.A.11081/2018 (amended memo of parties) 1.

Consequent to order dated 30.05.2018, amended memo of parties has been filed.

2.

Petitioner seeks quashing of FIR No.261/2013 under Sections 354/323 IPC, Police Station Neb Sarai, based on a Settlement.

3.

Parties are neighbours. subject FIR and cross complaint was registered consequent to a quarrel that took place between the parties. 4.

Parties have settled their dispute. Settlement dated 13.07.2017 has been executed between the parties before the Mediation Centre, Saket Courts, New Delhi.

5.

The Settlement records that the dispute occurred on the spur of the moment. The parties have agreed to amicably settle their disputes with a view to restore peace and harmony between them. 6.

As per the Settlement, both parties had agreed to withdraw their respective complaints against each other.

7.

Petitioner has filed a criminal complaint against respondent No.2. He undertakes that he shall withdraw the said complaint/agree for compounding of the offences. The undertaking is accepted. 8.

Respondent Nos.2 to 4 are present in Court in person are also represented by counsel and identified by the Investigating Officer. 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 their complaint any further. 9.

In view of the above and keeping in view of the fact that the parties have resolved their dispute with a view to restore peace and harmony between them and a Settlement has been arrived at 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.

10.

Accordingly, FIR No.261/2013 under Sections 354/323 IPC, Police Station Neb Sarai and the consequent proceedings emanating therefrom are hereby quashed.

11.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MAY 31, 2018 'Sn'