High CourtsSingle Bench(2018) 08 DEL CK 0167

Mohd Salauddin & Anr vs State Govt Of Nct Of Delhi & Ors

Delhi High Court · Decided on 9 August 2018

HON’BLE JUDGES
SANJEEV SACHDEVA, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 2219 OF 2018 & Crl. M.A. 7879 OF 2018

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Judgment

19 paragraphs · 346 words

SANJEEV SACHDEVA, J. (ORAL)

1.

The petitioners seek quashing of FIR No. 453 of 2015 under Sections 452/308/34 of the IPC registered at Police Station Timarpur, Delhi, based on

a settlement.

2.

The parties are neighbours residing in the same property on different floors. The subject FIR was registered consequent to an altercation which

took place with regard to motor for pumping water.

3.

Learned counsel for the parties submit that the parties have settled their disputes with the intervention of other members of the society. Both the

parties have assured that they have restored cordial relationship and shall not quarrel with each other in future. They have also filed their supporting

affidavits.

4.

Respondent nos. 2 and 3 â€" Mr. Mohd. Kamil and Mr. Mohd. Afzal are present in court in person, represented by their counsel and are identified

by the Investigating Officer. They submit that they have settled the disputes with the petitioners and are agreeable to the settlement and do not wish to

press the criminal charges against the petitioners any further.

5.

In view of the fact that the disputes between the petitioners and respondent no. 2 & 3 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 FIR and the consequent proceedings emanating therefrom.

6.

In view of the above, the petition is allowed. FIR No. 453 of 2015 under Sections 452/308/34 of the IPC registered at Police Station Timarpur,

Delhi and the consequent proceedings emanating therefrom are accordingly quashed, subject to the petitioners’ depositing cost of Rs. 5000/- to be

paid to the Delhi High Court Advocates Welfare Trust within two weeks. The receipt of deposit of the costs imposed by this Order be furnished to the

concerned Investigating Officer within a period of three weeks from today.

7.

Order Dasti under signatures of the Court Master.