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Dharmender @ Dharmu & Ors vs State & Anr

Delhi High Court · Decided on 11 October 2018 · Citation: (2018) 10 DEL CK 0223

HON’BLE JUDGES
Sanjeev Sachdeva, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 323, 341, 354, 354A, 354B, 452, 506, 509 · Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — Section 3(I), 3(X), 3(XI), 3(XV)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous CaseNo.5229, 5231 OF 2018
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Judgment

18 paragraphs · 329 words

SANJEEV SACHDEVA, J

1.

Petitioners in Crl. M.C. 5229/2018 seek quashing of FIR No. 1401/2014 under Sections 323/354/452/506/34 & Section 3(I)(X)(XI)(XV) of the

SCST Act at Police Station Narela, New Delhi and Petitioners in Crl. M.C. 5231/2014 seek quashing of FIR No. 1596/2014 under Sections

323/341/354A/354B/506/509/34 at Police Station Narela, New Delhi, based on settlement.

2.

Subject FIRs are cross FIRs registered consequent to a quarrel that took place between the parties with regard to sharing of irrigation water. Both

the parties submit that all the disputes inter-se parties have been settled and there are no surviving disputes between them. Settlement/ Compromise

dated 08.10.2018 has been executed between the parties with the intervention of other members of the village. Parties are present in person in Court.

They assure that they shall not quarrel with each other in future.

3.

Parties are present in court in person, represented by their counsels and identified by the Investigating Officers. They submit that they have settled

the disputes with each other and they further undertake that they shall maintain peace and cordial relationship in the locality and shall not indulge in

fighting with each other in the future.

4.

In view of the fact that the disputes between the petitioners and respondents 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 FIRs and the consequent proceedings emanating there from.

5.

In view of the above, the petitions are allowed. FIR No. 1401/2014 under Sections 323/354/452/506/34 & Section 3(I)(X)(XI)(XV) of the SCST

Act at Police Station Narela, New Delhi and FIR No. 1596/2014 under Sections 323/341/354A/354B/506/509/34 at Police Station Narela, New Delhi

and the consequent proceedings emanating there from are, accordingly quashed.

6.

Order Dasti under signatures of the Court Master.