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

$~72 & 80 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 17.08.2018 + PAWAN KUMAR SHARMA & ORS.

..... Petitioners versus THE STATE ( NCT OF DELHI) & ANR.

..... Respondents + CRL.M.C. 4159/2018 VINAY SHARMA & ORS ..... Petitioners versus THE STATE ( NCT OF DELHI) & ANR.

..... Respondents Advocates who appeared in this case:

For the Petitioners :

Mr. J.K. Sharma, Advocate.

For the Respondent:

Mr. Panna Lal Sharma, APP for the State.

ASI Udayan Rana, PS Kanjhawala in ASI Anand Kumar, PS Kanjhawala in Crl.M.C.4159/2018.

CORAM:- HON'BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

17.08.2018 SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.30156/2018 (exemption) in CRL.M.C. 4151/2018

Crl.M.A.30186/2018 (exemption) in CRL.M.C. 4159/2018 Exemptions are allowed subject to all just exceptions. CRL.M.C. 4151/2018 & CRL.M.C. 4159/2018 1.

Petitioners in Crl.M.C.4151/2018 seek quashing of FIR No.438/2016 under Sections 308/341/392 IPC, Police Station Kanjhawala and petitioner in Crl.M.C.4159/2018 seeks quashing of FIR No.437/2016 under Sections 451/308/34 IPC, Police Station Kanjhawala.

2.

Parties are related to each other and the disputes are between the families of two brothers. The subject FIRs are the cross-FIRs. Subject FIRs were registered to a quarrel that took place on the spur of the moment on a misunderstanding.

3.

Learned counsel for the petitioners submits that the parties have settled their disputes with the intervention of respectable persons of the locality and relatives and a Memorandum of Understanding dated 11.07.2018 has been executed between the parties. 4.

The complainants/respondent No.2 in their respective petitions are present in person and are identified by the Investigating Officers. They submit that they have settled all their disputes. They further submit that they do not wish to press their respective complaints. 5.

In view of the fact that the parties have resolved their disputes

and the complainants do not wish to press their respective complaints; 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 there from. 6.

In view of the above, the petitions are allowed. FIR No.438/2016 under Sections 308/341/392/34 IPC, Police Station Kanjhawala and FIR No.437/2016 under Sections 451/308/34 IPC, Police Station Kanjhawala and the consequent proceedings emanating there from are quashed.

7.

Order Dasti under the signatures of the Court Master SANJEEV SACHDEVA, J AUGUST 17, 2018 st