Quashed

Vipin v. State (Nct of Delhi) & Anr.

Delhi HC5 Feb 2018CRL.M.C./609/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the High Court of Delhi quashed an FIR and consequent proceedings based on a settlement between parties where damages were repaired and compensation paid, ensuring justice and restoring peace. The court held continuation was futile. A civil matter disguised as criminal.

What did the court decide?

FIR No.1079/2014 under Sections 288/336/427 IPC and consequent proceedings were quashed.

Vipin Vs State (Nct of Delhi) & Anr. — Specific Performance | Delhi HC (2018)

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$~72

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 609/2018

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VIPIN ..... Petitioner Through Mr. K.C. Mittal with Mr. Yugansh Mittal, Ms. Ruchika Mittal and Mr. Amit Prakash Shahi, Advocates.

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versus

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STATE (NCT OF DELHI) & ANR ..... Respondents Through Mr. Mukesh Kumar, APP for State. Mr. Amresh Anand, Advocate for the respondent No.2. SI Kartar Singh, PS Binda Pur.

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CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R % 05.02.2018

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The petitioners, by the present petition, seek quashing of FIR No.1079/2014 under Sections 288/336/427 IPC, Police Station, Bindapur based on a settlement.

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At the time of construction, a portion of the property fell into the property of the respondent causing damage.

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Learned counsel for respondent No.2 submits that whatever damage was caused has been got repaired and respondent No.2 has been compensated.

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Respondent No.2, who is present in person and identified by the Investigating Officer, confirms that the parties have settled their disputes. He confirms that he does not wish to prosecute the criminal proceedings any further.

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CRL.M.C. 609/2018

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Page 1

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In view of the above and keeping 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 there from.

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In view of the above, the FIR No.1079/2014 under Sections 288/336/427 IPC, Police Station, Bindapur and the consequent proceedings emanating there from are quashed.

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Order Dasti under the signatures of the Court Master.

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SANJEEV SACHDEVA, J

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FEBRUARY 05, 2018 st

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CRL.M.C. 609/2018

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Vipin v. State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Vipin v. State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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