Kuldeep Tomar v. State Of NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5517/2017 KULDEEP TOMAR ..... Petitioner Through:

Mr. Mohd. Zahid, Mr.Imran Khan and Mr. Anjum Bano, Advs.

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

Mr. Akshai Malik, Addl. PP for the State with ASI Dinesh Kumar Mr. Digpal Singh, Mr. Samar Jahan and Mr. Tanveer A. Khan, Advs. for R-2 to 4

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 30.01.2018 1.

The petitioner seeks quashing of FIR No. 544 of 2015 under Sections 324 of the IPC Police Station Ghazipur, New Delhi. 2.

It is contended that the petitioner and the complainant are friends and the incident is alleged to have occurred at the time when they got together for a party and consumed liquor. It is contended that the incident occurred on account of heat of the moment pursuant to which a quarrel took place. Learned counsel for petitioner as well as respondents submits that they are friends and continue to be friends till now. With the intervention of family members and respectable members of the society they have settled all their disputes. 3.

Respondent no. 2 to 4 are present in court in person, CRL.M.C. 5517/2017

represented by their counsel and are identified by the Investigating Officer. They submit that they have entered into a compromise deed dated 28.11.2017 and have settled the dispute with the petitioner and are agreeable to the settlement and do not wish to press the criminal charges against the petitioner any further.

4.

Keeping in view the age of the parties and the fact that they are friends and the incident happened on the spur of the moment after they had got together to party and consumed liquor and now they have settled the disputes, 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 therefrom.

5.

In view of the above, the petition is allowed. FIR No. 544 of 2015 under Sections 324 of the IPC Police Station Ghazipur, New Delhi and the consequent proceedings therefrom are, accordingly quashed.

6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 30, 2018 'rs'

CRL.M.C. 5517/2017