Arun Gupta & ORS v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5489/2017 CRL. M. A.21349-50/2017 ARUN GUPTA & ORS ..... Petitioners Through Mr. Manuj Aggarwal with Mr. Harish Kaushik, Advocates.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through Mr. Mukesh Kumar, APP for the State.

Ms. Kanika Kalyan, Advocate for respondent No.2.

SI Ranbir Singh, PS Nangloi.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 01.02.2018 1.

The petitioners, by the present petition, seek quashing of FIR No.325/2013 under Sections 354A/506/323/34 IPC, Police Station, Nangloi on the basis of a settlement. It is contended that the subject FIR No.325/2013 and the FIR No.326/2013 under Section 354A/323/50634 IPC, Police Station Nangloi are cross-FIRs registered by the parties. 2.

It is contended that the parties are neighbours and because of some misunderstanding, subject incident happened, leading to the registration of the cross FIRs.

3.

Parties have settled their disputes through the process of mediation held at Mediation Centre, Tis Hazari Courts, Delhi and have entered into a settlement agreement dated 21.12.2016. Learned counsel for the petitioner submits that the cross-FIR registered by the petitioners against the respondent No.2 and her family members being FIR No.326/2013 has CRL.M.C. 5489/2017

already being quashed in Crl.M.C. 5507/2017 titled Deepak Kumar Goyal & Anrs. vs. State, by a Coordinate Bench of this Court by an order of today's date.

4.

The respondent No.2, who is present in person and is identified by the Investigating Officer confirms that the parties have settled their disputes She confirms that she does not wish to prosecute the criminal proceedings any further.

5.

In view of the above and keeping in view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press her complaint, and in view of the fact that the cross-FIR registered by petitioners against respondent No.2 has already been quashed, 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.

6.

In view of the above, the FIR No.325/2013 under Sections 354A/506/323/34 IPC, Police Station, Nangloi and the consequent proceedings emanating therefrom are quashed.

7.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 01, 2018/st CRL.M.C. 5489/2017