Birender Kumar Sharma vs.state (Govt. Of Nct of Delhi) & Anr

Birender Kumar Sharma vs State (Govt. Of Nct of Delhi) & Anr

Type Court Judgment Court Delhi Decided Oct 04, 2018

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https://sooperkanoon.com/case/1218421

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Citation: sooperkanoon.com/1218421
Court: Delhi High Court
Decided On: Oct 04, 2018
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Birender Kumar Sharma

Respondent

State (Govt. Of Nct of Delhi) & Anr

Excerpt

.....district courts.4.... petitioner is present in court in person. he has regretted his conduct and apologised to respondent no.2. he undertakes and assures that he shall not repeat his conduct in future. the undertaking is accepted.5. respondent no.2 is present in court in person, represented by counsel and is identified by the investigating officer. she submits that she has settled the disputes with the petitioner and does not wish to prosecute the complaint any further and has no objection to the quashing of the subject fir.6. in view of the fact that the 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 there from.7. in view of the above, the petition is allowed. fir no.135 of 2015 under sections 354-d/509 of the ipc registered at police station begumpur, delhi and the consequent proceedings emanating crl .m.c. 3114/2018 page 2 of 3 there from are quashed, subject to the petitioner depositing costs of rs.15,000/- with the “chief minister’s distress relief fund (cmdrf), kerala”, within a period of two weeks from today. receipt of deposit of the costs imposed by this order be furnished to the concerned investigating officer within a period of three weeks from today.8. order dasti under the signatures of the court master. october04 2018 ‘jyoti’ sanjeev sachdeva, j crl .m.c. 3114/2018 page 3 of 3

Full Judgment

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 3114/2018 Judgment delivered on:

04. 10.2018 BIRENDER KUMAR SHARMA ........ Petitioner

versus STATE (GOVT. OF NCT OF DELHI) & ANR Advocates who appeared in this case: ........ RESPONDENTS

For the... Petitioner

: For the... RESPONDENTS

: Mr.P.K. Dash, Advocate. Ms.Neelam Sharma, APP for State with SI Sunil Kumar, PS Begum Pur. Mr.Pawan Kumar, Adv.for R-2 with respondent No.2 in person. CORAM:-

"HON’BLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT0410.2018 SANJEEV SACHDEVA, J.

(ORAL) 1.... Petitioner

seeks quashing of FIR No.135 of 2015 under Sections 354-D/509 of the IPC registered at Police Station Begumpur, Delhi, based on a settlement.

2. The parties were working in the same organization. Subject FIR was registered consequent to a complaint lodged by respondent No.2 on the ground that the petitioner was harassing her. Learned counsels for the parties submit that the parties have 3. Crl .M.C. 3114/2018 Page 1 of 3 settled their disputes and Settlement Agreement dated 20.01.2018 has been executed between the parties before Delhi Mediation Centre, Rohini District Courts.

4.... Petitioner

is present in Court in person. He has regretted his conduct and apologised to respondent No.2. He undertakes and assures that he shall not repeat his conduct in future. The undertaking is accepted.

5. Respondent No.2 is present in Court in person, represented by counsel and is identified by the Investigating Officer. She submits that she has settled the disputes with the petitioner and does not wish to prosecute the complaint any further and has no objection to the quashing of the subject FIR.

6. In view of the fact that the 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 there from.

7. In view of the above, the petition is allowed. FIR No.135 of 2015 under Sections 354-D/509 of the IPC registered at Police Station Begumpur, Delhi and the consequent proceedings emanating Crl .M.C. 3114/2018 Page 2 of 3 there from are quashed, subject to the petitioner depositing costs of Rs.15,000/- with the “Chief Minister’s Distress Relief Fund (CMDRF), Kerala”, within a period of two weeks from today. Receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of three weeks from today.

8. Order Dasti under the signatures of the Court Master. OCTOBER04 2018 ‘jyoti’ SANJEEV SACHDEVA, J Crl .M.C. 3114/2018 Page 3 of 3

Same Court & Year Delhi · 2018 Same Parties Birender Kumar Sharma vs State (Govt. Of Nct of Delhi) & Anr Same Subject Land Acquisition