High CourtsSingle Bench(2018) 08 DEL CK 0382

Satender Tomar & Ors vs State Of Nct & Anr

Delhi High Court · Decided on 23 August 2018

HON’BLE JUDGES
SANJEEV SACHDEVA, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 4238 Of 2018 & Criminal Miscellaneous Appeal No.30480 Of 2018

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Judgment

17 paragraphs · 298 words

SANJEEV SACHDEVA, J. (ORAL)

1.

Petitioners seek quashing of FIR No.357/2014 under Sections 325/506/34 IPC at Police Station Vasant Vihar. Subsequently, chargesheet has been

filed under Section 308 IPC.

2.

The parties were partners in a partnership firm. On account of some financial disputes a quarrel took place which led to the incident consequent to

which the subject FIR has been registered.

3.

Parties have settled their disputes not only with regard to the subject FIR but also with regard to the partnership concern. Compromise Deed dated

17.04.2018 has been executed.

4.

Respondent No.2/complainant present in court in person is identified by the Investigating Officer. He submits that he has settled the disputes with

the petitioner and does not wish to prosecute the complaint 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 be expedient to quash the subject FIR and the consequent proceedings emanating there from.

6.

In view of the above, the petition is allowed. FIR No.357/2014 under Sections 308/325/506/34 IPC at Police Station Vasant Vihar and the

consequent proceedings emanating therefrom are, accordingly quashed, subject to the payment of cost of Rs.5,000/- to be deposited by each of the

petitioners in the Chief Minister Disaster Relief Fund of the State of Kerala within a period of two weeks from today. 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.