Jagdish & ORS. v. State & ANR.

$~85 & 86 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 11.10.2018 + CRL.M.C. 5229/2018 DHARMENDER @ DHARMU & ORS ..... Petitioners versus STATE & ANR.

.... Respondents + CRL.M.C. 5231/2018 JAGDISH & ORS ..... Petitioners versus STATE & ANR.

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

For the Petitioner(s) :

Mr.Ashish Kapoor, Adv. for petitioners in Crl.M.C.5229/2018 Mr. Paramveer Deswal, Adv. for petitioners in Crl.M.C.5231/2018.

For the Respondent(s):

Mr. Raghuvinder Verma, Addl. PP for the State with SI Vineet Kumar in both petitions.

Ms. Ayushi Chugh and Ms. P. Deswal, Advs. for respondent in Crl.M.C.5229/2018 Mr. Ashish Kapoor, Adv. for respondent no. 2 in Crl.M.C.5231/2018.

CORAM:- HON'BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

11.10.2018 SANJEEV SACHDEVA, J. (ORAL) 1.

Petitioners in Crl. M.C. 5229/2018 seek quashing of FIR No.

1401/2014 under Sections 323/354/452/506/34 & Section 3(I)(X)(XI)(XV) of the SCST Act at Police Station Narela, New Delhi and Petitioners in Crl. M.C. 5231/2014 seek quashing of FIR No. 1596/2014 under Sections 323/341/354A/354B/506/509/34 at Police Station Narela, New Delhi, based on settlement. 2.

Subject FIRs are cross FIRs registered consequent to a quarrel that took place between the parties with regard to sharing of irrigation water. Both the parties submit that all the disputes inter-se parties have been settled and there are no surviving disputes between them. Settlement/ Compromise dated 08.10.2018 has been executed between the parties with the intervention of other members of the village. Parties are present in person in Court. They assure that they shall not quarrel with each other in future.

3.

Parties are present in court in person, represented by their 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 maintain peace and cordial relationship in the locality and shall not indulge in fighting with each other in the future. 4.

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.

5.

In view of the above, the petitions are allowed. FIR No. 1401/2014 under Sections 323/354/452/506/34 & Section 3(I)(X)(XI)(XV) of the SCST Act at Police Station Narela, New Delhi and FIR No.

1596/2014 under Sections 323/341/354A/354B/506/509/34 at Police Station Narela, New Delhi and the consequent proceedings emanating there from are, accordingly quashed.

6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J OCTOBER 11, 2018 'rs'