Sunil Kumar v. State & ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 28.08.2018 + CRL.M.C. 3622/2018 SUNIL KUMAR ..... Petitioner versus STATE & ORS ..... Respondents Advocates who appeared in this case:

For the Petitioners :

Mr. Sameer Bhatnagar with Ms. Charuvi Sharma, Advocates For the Respondents:

Mr. Sanjeev Sabharwal, APP for the State.

SI Vivek, PS Nabi Karim.

Complainant in person.

CORAM:- HON'BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

28.08.2018 SANJEEV SACHDEVA, J. (ORAL) Crl.M.A. 28314/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 3622/2018 1.

Petitioner seeks quashing of FIR No.137/2017 under Sections 323/341/452/34 IPC (subsequently, Section 325 IPC has been added), Police Station Nabi Karim.

2.

The subject FIR was registered consequent to a dispute between the parties with regard to parking of a vehicle. The allegation was that the CRL.M.C. 3622/2018

petitioner had incorrectly parked the vehicle and when the complainant objected, it led to a quarrel and consequent injuries were sustained. Parties live in the same locality.

3.

Learned counsel for the petitioner submits that with the intervention of the friends and family, the parties have amicably resolved their disputes and a Settlement Deed dated 29.06.2018 has been executed between the parties.

4.

The respondent No.2 is present in Court and is identified by the Investigating Officer. He submits that he has settled his disputes with the petitioner and does not wish to prosecute the complaint any further and has no objection to the quashing of the subject FIR. 5.

In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press his 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.

6.

In view of the above, the petition is allowed. FIR No.137/2017 under Sections 323/341/452/325/34 IPC, Police Station Nabi Karim and the consequent proceedings emanating there from are quashed. 7.

Order Dasti under the signatures of the Court Master. AUGUST 28, 2018/st SANJEEV SACHDEVA, J CRL.M.C. 3622/2018