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Netram @ Negpal vs State & Anr

Delhi High Court · Decided on 10 September 2018 · Citation: (2018) 09 DEL CK 0078

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No.4552 Of 2018

AI Structured Summary

Not yet generated for this judgment

Judgment

21 paragraphs · 356 words

SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 31638/2018 (Exemption)

Allowed, subject to all just exceptions. CRL.M.C. 4552/2018

1.

Petitioners seek quashing of FIR No. 29 of 2013 under Sections 323/354 of IPC registered Police Station Jyoti Nagar, Delhi, based on a

settlement.Â

2.

At the time of the subject incident the complainant was the tenant of the petitioner. The subject FIR was registered consequent to a quarrel that

took place between the parties. The dispute arose between the parties with regard to tenanted premises.Â

3.

Learned counsel for the petitioners submits that with the intervention of the family members and relatives, the parties have amicably resolved their

disputes and a Settlement Deed dated 09.01.2018 has been executed between the parties. In terms of the settlement, petitioner had agreed to pay Rs.

38,000/- to the respondent. A sum of Rs. 25,000/- had already been paid to respondent no. 2 and balance sum of Rs. 13,000/- has been paid today to

respondent no. 2 outside the court. Respondent no. 2 confirms that the entire amount has been received by her.

4.

Respondent no. 2 is present in Court, represented by her counsel and identified by the Investigating Officer. Respondent no. 2 submits that she

has settled her disputes with the petitioner and does not wish to prosecute the complaint against the petitioner any further and has no objection to the

quashing of the subject FIR.

5.

In view of the fact that parties have resolved their disputes and respondent no. 2 does not wish to press her 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. 29 of 2013 under Sections 323/354 of IPC registered Police Station Jyoti Nagar, Delhi and

the consequent proceedings emanating there from are quashed.Â

7.

Order Dasti under the signatures of the Court Master.