Dharmender & Ors. vs State & Anr.
2018 Latest Caselaw 4694 Del

$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Judgment delivered on: 09.08.2018

+      CRL.M.C. 4000/2018
       DHARMENDER & ORS                              ..... Petitioners

                          versus

       STATE & ANR                                   ..... Respondents
Advocates who appeared in this case:
For the Petitioner :      Mr. Karamveer Singh with Mr. Tejpal
                          and Mr. Kamal, Advocates.

For the Respondent:       Mr. Kamal Kumar Ghai, APP for the
                          State.
                          Mr. Chirag Kumar, Advocate for
                          respondent No.2.
                          ASI Raj Kumar, PS Safdarjung
                          Enclave.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

09.08.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.29626/2018 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 4000/2018

1. The petitioners seek quashing of FIR No.27/2015 under

Sections 354D/34 IPC read with Section 7 of the Protection of Civil Rights Act, Police Station Safdarjung Enclave.

2. The allegations in the FIR are that the complainant had gone to Hauz Khas Village to meet some friends and, on the main road, the petitioners, who were sitting in a Hyundai Car, used abusive language and suggestive gestures, consequent to which, the complaint was made.

3. Learned counsel for the petitioners submits that the parties have settled their disputes with the intervention of the respectable people of the society and the respective relatives of the parties.

4. The respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. She submits that since the petitioners have regretted their conduct, she does not wish to prosecute the complaint any further and has no objection to the quashing of the subject FIR.

5. 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 therefrom.

6. In view of the above, the petition is allowed. FIR No.27/2015 under Sections 354D/34 IPC read with Section 7 of the Protection of Civil Rights Act, Police Station Safdarjung Enclave and the consequent proceedings emanating therefrom are, accordingly quashed, subject to the payment of cost of Rs.10,000/- to be deposited by each of the petitioner in the Delhi High Court Bar Association Advocates Welfare Trust 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.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J AUGUST 09, 2018 st