Sonu Dass & ORS. v. State Of NCT Delhi & ANR

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3629/2018 & Crl.M.A. Nos.28361-28362/2018 SONU DASS & ORS.

..... Petitioner Through:

Mr.Manoj Kumar Sharma, Adv. with petitioners in person.

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

Mr.Mukesh Kumar, APP for the State with SI Rahul, PS Seema Puri.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 19.11.2018 1.

Vide the present filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.1385/2015 registered under Sections 323/354/354(A)/354(B)/506/509/452/34 IPC at Police Station Seema Puri, Delhi on the basis of a settlement arrived at between the parties on 17.07.2018.

2.

Learned counsel for the petitioners submits that the petitioners and the respondent no.2 are neighbours and are known to each other. He submits that due to a misunderstanding, an altercation took place between the parties on 01.10.2015, leading to the registration of the aforesaid FIR. However, with the intervention of the senior members of the locality, the parties have now resolved their disputes and have entered into a settlement dated 17.07.2018. He, therefore, prays that

the captioned FIR and consequential proceedings be quashed as the same emanate from a petty disputes between the neighbours. 3.

The petitioners and the respondent no.2 are present in Court and have been identified by the Investigating Officer. I have interacted with the respondent no.2 who states that she has resolved her disputes with the petitioners of her own free will and has executed the settlement deed dated 17.07.2018 without any coercion. She prays that the captioned FIR and consequential proceedings be quashed as she does not want any further acrimony with her neighbours.

4.

I have considered the submissions of the learned counsel for the parties and perused the records. Keeping in view the fact that the parties are neighbours and the FIR is the result of a sudden altercation between them due to a misunderstanding which already stands resolved, as also the fact that the nature of alleged injuries sustained by the respondent no.2 is simple. I find that no fruitful purpose will be served in continuing with the criminal proceedings arising out of the captioned FIR. In my considered view, the ends of justice demand that the FIR and consequential proceedings be quashed. 5.

Accordingly, the petition is allowed and the captioned FIR and all consequential proceedings are quashed, subject to the petitioners depositing a sum of Rs.10,000/- with the Delhi High Court Advocates Welfare Trust within one week from today. A copy of the receipt of deposit of costs will be handed over to the Investigating Officer for production before the learned Trial Court.

6.

The petition is disposed of along with pending applications in the above terms.

REKHA PALLI, J NOVEMBER 19, 2018 gm