Anish Sharma & Anr. vs State (Nct Of Delhi) & Ors.
2018 Latest Caselaw 3756 Del

$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Judgment delivered on: 06.07.2018

+      CRL.M.C. 2694/2018
ANISH SHARMA & ANR.                                 ..... Petitioners
                         versus

STATE (NCT OF DELHI) & ORS.                         ..... Respondents


Advocates who appeared in this case:


For the Petitioner :     Mr. Piyush Gupta, Adv.

For the Respondent:      Mr. Raghuvinder Verma, Addl. PP for
                         the State with SI Sudhir
                         Respondent No. 2 in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                            JUDGMENT

06.07.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No. 456 of 2017 under Sections 354/354-A/323/34 of the IPC at Police Station Neb Sarai, New Delhi, based on a settlement.

2. The allegations in the FIR are that the petitioner misbehaved with the complainant and when she along with her brother objected, they assaulted the brother. One of the petitioners was apprehended

from the spot who disclosed the name of the other petitioner.

3. It is contended on behalf of the parties that the parties have settled their disputes with the intervention of respectable persons of the society, elders, well-wishers and family members. Petitioners who are both in their twenties and one of them is a student, have expressed remorse at their conduct.

4. Respondent no. 2 & 3 who are present in court in person and are identified by the Investigating Officer, submit that they have has settled the disputes with the petitioners and are agreeable to the settlement and do not wish to press the criminal charges against the petitioners any further.

5. In view of the fact that the disputes between the petitioners and respondent no. 2 & 3 have been settled, 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.

6. In view of the above, the petition is allowed. FIR No. 456 of 2017 under Sections 354/354-A/323/34 of the IPC at Police Station Neb Sarai, New Delhi and the consequent proceedings there from are, accordingly quashed, subject to the petitioners depositing consolidated

cost of Rs.5000/- to be paid to the Delhi High Court Bar Association Employees Welfare Funds within two weeks. The 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 JULY 06, 2018 'rs'