High CourtsSingle Bench

Pawan Kumar Sharma & Ors vs

Delhi High Court · Decided on 17 August 2018 · Citation: (2018) 08 DEL CK 0273

HON’BLE JUDGES
SANJEEV SACHDEVA, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 308, 341, 392, 451
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 4151, 4159 OF 2018
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Judgment

20 paragraphs · 309 words

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.30156/2018 (exemption) in CRL.M.C. 4151/2018

Crl.M.A.30186/2018 (exemption) in CRL.M.C. 4159/2018

Exemptions are allowed subject to all just exceptions.

CRL.M.C. 4151/2018 & CRL.M.C. 4159/2018

1.

Petitioners in Crl.M.C.4151/2018 seek quashing of FIR No.438/2016 under Sections 308/341/392 IPC, Police Station Kanjhawala and petitioner in

Crl.M.C.4159/2018 seeks quashing of FIR No.437/2016 under Sections 451/308/34 IPC, Police Station Kanjhawala.

2.

Parties are related to each other and the disputes are between the families of two brothers. The subject FIRs are the cross-FIRs. Subject FIRs

were registered to a quarrel that took place on the spur of the moment on a misunderstanding.

3.

Learned counsel for the petitioners submits that the parties have settled their disputes with the intervention of respectable persons of the locality and

relatives and a Memorandum of Understanding dated 11.07.2018 has been executed between the parties.

4.

The complainants/respondent No.2 in their respective petitions are present in person and are identified by the Investigating Officers. They submit

that they have settled all their disputes. They further submit that they do not wish to press their respective complaints.

5.

In view of the fact that the parties have resolved their disputes and the complainants do not wish to press their respective complaints; 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 petitions are allowed. FIR No.438/2016 under Sections 308/341/392/34 IPC, Police Station Kanjhawala and FIR

No.437/2016 under Sections 451/308/34 IPC, Police Station Kanjhawala and the consequent proceedings emanating there from are quashed.

7.

Order Dasti under the signatures of the Court Master