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Deepak Kakkar vs State & Anr ( Nct Of Delhi)

Delhi High Court · Decided on 1 August 2018 · Citation: (2018) 08 DEL CK 0012

HON’BLE JUDGES
SANJEEV SACHDEVA, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 336, 427
RESULT
Allowed
CASE NUMBER
Criminal M.C. 3817 OF 2018
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Judgment

18 paragraphs · 274 words

SANJEEV SACHDEVA, J

Crl. M.A. 29029/2018 (Exemption)Â

Exemption is allowed subject to all just exceptions.Â

CRL.M.C. 3817/2018

1.

Petitioner seeks quashing of FIR No.455/2016 under Sections 336/427 at Police Station Swaroop Nagar.Â

2.

Subject FIR was registered consequent to a fire that took place in the premises of the petitioner and spread to the complainants property, on the

premise that he had failed to take sufficient safety measures to prevent the fire from spreading, which led to damage to the premises of the

complainant.Â

3.

Learned counsels for the parties submit that the parties have settled their disputes and Compromise Deed dated 16.07.2018 has been executed.Â

The petitioner has got the house of the complainant repaired at his own expense.

4.

Respondent No.2 is present in court in person, represented by his counsel and identified by the Investigating Officer. He submits that he has

settled the disputes with the petitioner and does not wish to press the complaint any further.Â

5.

In view of the fact that the disputes between the petitioner and respondent No.2 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.Â

6.

In view of the above, the petition is allowed. FIR No.455/2016 under Sections 336/427 at Police Station Swaroop Nagar and the consequent

proceedings emanating therefrom are, accordingly quashed.

7.

Order Dasti under signatures of the Court Master.  Â