High CourtsSingle Bench

Rajesh vs State & Anr

Delhi High Court · Decided on 9 October 2018 · Citation: (2018) 10 DEL CK 0143

HON’BLE JUDGES
Sanjeev Sachdeva, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 392
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous CaseNo.3265 OF 2018
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Judgment

18 paragraphs · 321 words

SANJEEV SACHDEVA, J

1.

Petitioner seeks quashing of FIR No. 443 of 2018 under Sections 392/34 of the IPC registered at Police Station MangolPuri, Delhi, based on a

settlement.

2.

Parties are neighbours. The allegations in the FIR are that the complainant was walking on the road after buying milk from dairy. It is alleged that

the petitioner along with co-accused came on the motorcycle and snatched the milk packet and also money from the complainant. Â

3.

Learned Addl. PP, under instructions, form the IO submits that the investigation has revealed that only one person was involved i.e. the petitioner.

4.

Learned counsels for the parties submit that with the intervention of other residents of the locality, parties have settled their disputes and the parties

have entered into a settlement/compromise deed dated 31.05.2018.

5.

Respondent No.2 is present in person and is identified by the Investigating Officer. He submits that he has settled the disputes with the petitioner

and does not wish to press charges against the petitioner and prosecute the complaint any further. He also submits that there is only one accused and

by mistake he had stated that there were two accused.

6.

In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press his 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.

7.

In view of the above, the petition is allowed. FIR No. 443 of 2018 under Sections 392/34 of the IPC registered at Police Station MangolPuri, Delhi

and the consequent proceedings arising therefrom are, accordingly, quashed.

8.

Order Dasti under the signatures of the Court Master.