High CourtsSingle Bench(2018) 08 DEL CK 0420

Sunil Kumar vs State & Ors

Delhi High Court · Decided on 28 August 2018

HON’BLE JUDGES
SANJEEV SACHDEVA, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 3622 Of 2018

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Judgment

8 paragraphs · 288 words

SANJEEV SACHDEVA, J. (ORAL)​pCrl.M.A. 28314/2018 (exemption)​pExemption is allowed subject to all just exceptions.​pCRL.M.C. 3622/2018​p

1.

Petitioner seeks quashing of FIR No.137/2017 under Sections 323/341/452/34 IPC (subsequently, Section 325 IPC has been added), Police Station Nabi Karim.​

2.

The subject FIR was registered consequent to a dispute between the parties with regard to parking of a vehicle. The allegation was that theppetitioner had incorrectly parked the vehicle and when the complainant objected, it led to a quarrel and consequent injuries were sustained. Parties live in the same locality.​

3.

Learned counsel for the petitioner submits that with the intervention of the friends and family, the parties have amicably resolved their disputes and a Settlement Deed dated 29.06.2018 has been executed between the parties.​

4.

The respondent No.2 is present in Court and is identified by the Investigating Officer. He submits that he has settled his disputes with the petitioner and does not wish to prosecute the complaint any further and has no objection to the quashing of the subject FIR.​

5.

In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press his complaint, 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.137/2017 under Sections 323/341/452/325/34 IPC, Police Station Nabi Karim and the consequent proceedings emanating there from are quashed.​

7.

Order Dasti under the signatures of the Court Master.