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Judgment
SANJEEV SACHDEVA, J
Crl.M.A.6054/2018 (exemption)
Exemption is allowed subject to all just exceptions.
Crl.M.A.6053/2018 (for condonation of delay in re-filing)
For the reasons stated in the application, the application is allowed.
The delay in re-filing the petition is condoned.
CRL.M.C. 1677/2018 & Crl.M.A.6052/2018 (directions)
Petitioners seek quashing of FIR No.162/2015 under Sections 506/509/34 IPC, Police Station Defence Colony.
Subject FIR emanates out of a landlord-tenant dispute. The complainant is the landlord of the property and the petitioners are the erstwhile tenants.
There was a dispute with regard to payment of rent. Parties have subsequently settled their disputes through the process of mediation held at
Mediation Centre, Saket Court and a Settlement Agreement dated 05.08.2017 has been executed between the parties.
Learned counsel for the parties submit that the parties have settled all their disputes and the tenanted premises have been vacated. They submit that
now there is no dispute of any nature surviving between the parties. Â
Respondent Nos.4 to 6 are present in Court in person, represented by counsel and identified by the Investigating Officer. They submit that their
disputes with the petitioners have been settled and now there is no grievance and complaint against the petitioners and they do not wish to prosecute
the complaint any further and have no objection to the quashing of the subject FIR.
In view of the fact that the parties have resolved their disputes and respondent Nos. 4 to 6 do not wish to press their 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.
In view of the above, the petition is allowed. FIR No.162/2015 under Sections 506/509/34 IPC, Police Station Defence Colony and the consequent
proceedings emanating there from are accordingly quashed.
Order Dasti under the signatures of the Court Master.
