Shri Hanshu Mittal & Anr. vs State & Another
2018 Latest Caselaw 3833 Del

$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                   Judgment delivered on: 10.07.2018
+      CRL.M.C. 3399/2018
SHRI HANSHU MITTAL & ANR.                                   ..... Petitioners
                                    versus

STATE & ANOTHER                                           ..... Respondents
Advocates who appeared in this case:
For the Petitioner :        Mr. Navneet Kumar, Mr. Gobind Kumar and
                            Mr. Sachin Gupta, Advs.

For the Respondent:         Mr.Sanjeev Sabharwal, APP for the State with IO
                            SI Manoj from Police Station-Malviya Nagar.
                            Respondent No.2 in person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                JUDGMENT

10.07.2018

SANJEEV SACHDEVA, J. (ORAL) CRL.M.C. 3399/2018

1. The petitioners seek quashing of FIR No. 571 of 2016 under Sections 354A/323/427/34 of the IPC at Police Station Malviya Nagar, New Delhi, based on a settlement.

2. It is submitted that the subject FIR was registered after a quarrel on a trivial issue and in the heat of the moment.

3. The parties are neighbours. It is contended that with a view to

maintain peace and harmony, the parties have entered into a Settlement dated 28.06.2018. As per Settlement, the petitioners have paid a sum of Rs.50,000/- to the complainant/respondent No.2 towards the expenditure incurred by her in litigation as well as medical treatment.

4. Respondent no. 2 is present in person in Court today and is identified by the Investigating Officer. She submits that she has settled the disputes and she does not wish to press the criminal complaint against the petitioners any further.

5. In view of the fact that the disputes between the parties has 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 also be expedient to quash the subject FIR and the consequent proceedings emanating there from.

6. In view of the above, the petitions are allowed. FIR No. 571 of 2016 under Sections 354A/323/427/34 of the IPC at Police Station Malviya Nagar, New Delhi and the consequent proceedings emanating there from are accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 10, 2018/ssc