Surender & ANR. v. State & ANR

$~70 & 73 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:.26.07.2018 + CRL.M.C. 3666/2018 AMAR YADAV & ORS.

..... Petitioners versus STATE & ANR.

..... Respondents + CRL.M.C. 3670/2018 SURENDER & ANR.

..... Petitioners versus STATE & ANR ..... Respondents Advocates who appeared in this case:

For the Petitioner(s) :

Mr.Ranjit Sharma, Adv for petitioners in Crl.M.C.3666/2018 & 3670/2018 For the Respondent(s):

Mr.Kamal Kr.Ghai, Addl. PP for the State with SI Naveen Kumar, P.S.Kapashera.

CORAM:- HON'BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

26.07.2018 SANJEEV SACHDEVA, J. (ORAL) Crl. M.A. 28517/2018(exemption) Crl. M.A. 28523/2018(exemption) Exemption is allowed subject to all just exceptions.

1.

Petitioners in Crl. M.C. 3666/2018 seek quashing of FIR No.187/2017 under Sections 341/354/506/34 at Police Station Kapashera, New Delhi and Petitioners in Crl. M.C. 3670/2018 seek quashing of FIR No.188/2017 under Sections 354/354B/509/451/34 of the IPC at Police Station Kapashera, New Delhi. 2.

The subject FIRs are cross FIRs registered consequent to a quarrel that took place between the parties, who are related to each other being the brother and sister and their respective families. The subject FIRs were registered consequent to a quarrel which took place on account of some misbehaviour with regard to taking care of their mother.

3.

Learned counsels for the parties submit that the parties have settled their disputes with the intervention of other relatives. 4.

Parties are present in court in person, represented by their respective counsels and identified by the Investigating Officers. They submit that they have settled the disputes with each other and they further undertake that they shall take care of their mother and will not quarrel over her. They submit that they have settled the dispute with a view to restore family peace and harmony and have assured that they shall not quarrel with each other in future.

5.

In view of the fact that the disputes between the petitioners and

respondents 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 be expedient to quash the subject FIRs and the consequent proceedings emanating there from.

6.

In view of the above, the petitions are allowed. FIR No.187/2017 under Sections 341/354/506/34 at Police Station Kapashera, New Delhi and FIR No.188/2017 under Sections 354/354B/509/451/34 of the IPC at Police Station Kapashera, New Delhi and the consequent proceedings emanating there from are accordingly quashed.

7.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J JULY 26, 2018 rk