Nadeem @ Nadeem Saifee & ORS v. Staste (Govt Of NCT Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5413/2017 NADEEM @ NADEEM SAIFEE & ORS ..... Petitioners Through:

Mr. Khalil A. Ansari, Mohammad Akhtar and Mr. Arif Shakeel, Advs.

versus STATE (GOVT OF NCT DELHI) & ANR ..... Respondents Through:

Mr. Arun Kr. Sharma, Addl. PP for the State with SI Janak Singh

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 31.01.2018 1.

The petitioners seek quashing of FIR No. 275 of 2013 under Sections 356/379/411/34 of the IPC Police Station New Friends Colony, New Delhi, on the basis of a settlement with respondent no. 2-Complainant.

2.

Learned Addl. PP for the State submits that as per the records available, the petitioners have not been found to be involved in any other incident prior or post the FIR. However, he submits that in case the Court is inclined to quash the proceedings the same should be subject to costs.

3.

As per the settlement, Rs. 20,000/- was to be paid to the respondent no. 2 complainant. Rs. 10,000/- has already been paid to respondent no. 2 and the balance Rs. 10,000/- has been paid to respondent no. 2 today in Court.

CRL.M.C. 5413/2017

4.

Respondent no. 2 is present in person in Court and is identified by the Investigating Officer. She submits that she has settled the dispute. She further submits that she voluntarily and out of own free will has settled with the petitioners and does not wish to press the criminal complaints against the petitioners any further. 5.

In view of the fact that the disputes between the parties 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 also be expedient to quash the subject FIRs and the consequent proceedings emanating therefrom.

6.

In view of the above, the petition is allowed. FIR No. 275 of 2013 under Sections 356/379/411/34 of the IPC Police Station New Friends Colony, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed, subject to the petitioners depositing Rs. 10,000/- each with the "Prisoners Welfare Fund, Jail No. 14, Mandoli" Mangal Pandey Marg, Harsh Vihar, Village Mandoli, within four weeks. The receipt of the same shall be furnished by the petitioners to the Investigating Officer within five weeks from today.

7.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 31, 2018/'rs'

CRL.M.C. 5413/2017