Nathi Singh & ANR v. The State NCT Of Delhi & ORS

$~110 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ NATHI SINGH & ANR ..... Petitioners Through:

Mr.Mahee Arora, Adv.

Versus

THE STATE NCT OF DELHI & ORS ..... Respondents Through:

Ms.Neelam Sharma, APP for State.

Inspector Ravinder Kumar Rajput, South East District.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 24.05.2018 CRL.M.A. 10154/2018 (exemption) Allowed, subject to all just exceptions.

Application stands disposed of.

CRL.M.A. No. 10155/2018 For the reasons stated in the application, the delay in re-filing the petition of 207 days is condoned.

Application stands disposed of.

1.

Learned counsel for the petitioners submits that the charge sheet was filed only against the petitioner No.1 and Petitioner No 2 was arrayed in Column No.12 Cognizance qua petitioner No. 2 has not been taken. He prays for leave to drop petitioner No.2 from the array of the parties. In view of the above, petitioner No. 2 is dropped

from the array of the parties. Amended memo of parties be filed during the course of the day.

2.

Petitioner seeks quashing of FIR No. 514 of 2014 under Sections 109/308/341/506/34 IPC PS New Friends Colony. 3.

Subject FIR has been registered consequent to a quarrel which took place with regard to the alleged use of public land. Parties have settled their dispute vide compromise deed dated 17.07.2017 and the same has been executed. Parties are the neighbours with the intervention of the responsible person of the colony. They have settled the disputes. Both have agreed to live peacefully in the society. 4.

Respondent no. 2 is present in person in Court today and is identified by the Investigating Officer. He submits that he has settled the disputes with the intervention of locals and respectable people of the locality. Respondent No. 2 submits that he does not wish to press the criminal complaint against the petitioner any further. 5.

In view of the fact that the disputes between the parties has 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 also 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. 514 of

2014 under Sections 109/308/341/506/34 IPC PS New Friends Colony, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed.

7.

Order Dasti under the signature of the Court Master. SANJEEV SACHDEVA, J.

MAY 24, 2018/neelam