High CourtsSingle Bench(2018) 09 DEL CK 0292

Vijay Kumar Gupta & Ors vs State Of Nct Of Delhi & Ors

Delhi High Court · Decided on 24 September 2018

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No.4881 Of 2018

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Judgment

23 paragraphs · 392 words

SANJEEV SACHDEVA, J. (ORAL)

1.

The petitioners seek quashing of FIR No.168/2017 under Sections 323/324/308/34 IPC, Police Station Govind Puri, based on a settlement.

2.

Learned counsel for the petitioners prays for an exemption for personal appearance of petitioner No.3 on the ground that he has suffered a

fracture. Petitioner No.3 has filed an affidavit in support of the petition.Â

3.

In view of the above, the petitioner No.3 is granted exemption from personal appearance.Â

4.

The parties are neighbours and the subject FIR was registered consequent to a quarrel that took place between the parties. CrossFIRs to the

subject FIR were registered against the complainants and others being FIR No.190/2017 under Section 341/324/506/34 IPC and FIR No.517/2017

under Sections 323/341/506/34 IPC, Police Station Govind Puri.Â

5.

Learned counsel for the parties submit that with the intervention of family, friends and neighbours, parties have settled all their disputes in respect of

all the three FIRs and a Compromise Deed dated 19.09.2018 has been executed.Â

6.

The complainants of FIR No.190/2017 and FIR No.517/2017 i.e. Mr. Sachin Gupta and Mr. Saddam Hussain are present in Court in person.Â

They undertake that they shall abide by the settlement agreement and are agreeable to the compounding of the offence in the subject FIRs. The

undertaking is accepted.Â

7.

The parties are present in person, represented by counsel and are identified by the Investigating Officer. They submit that they have settled all

their inter se disputes and executed the compromise deed dated 19.09.2018. They further undertake to abide by all the terms and conditions of the

compromise deed and submit that in lieu thereof no disputes are surviving. Â

8.

In view of the fact that the parties have resolved their disputes and executed the compromise deed dated 19.09.2018, 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.

9.

In view of the above, the petition is allowed. FIR No.168/2017 under Sections 323/324/308/34 IPC, Police Station Govind Puri and the consequent

proceedings emanating there from are quashed.Â

10.

Order Dasti under the signatures of the Court Master. Â