Nitin @Nitu vs State & Anr.
2018 Latest Caselaw 3881 Del

$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on:11.07.2018

+       CRL.M.C. 3409/2018
        NITIN @NITU                                    ..... Petitioner
                           versus

        STATE & ANR.                                   ..... Respondents


Advocates who appeared in this case:
For the Petitioner :       Mr.Vikas Tomar, Adv.

For the Respondent:        Mr.Sanjeev Sabharwal, Addl. PP for
                           the State with SI Mukesh Meena, P.S.Vasant Vihar
                           Mr.Sanjay Kumar, Adv. for complainant.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

11.07.2018

SANJEEV SACHDEVA, J. (ORAL) Crl. M.A. 12362/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 3409/2018

1. Petitioner seeks quashing of FIR No.393/2014 under Sections 354/341/506/509 IPC at Police Station Vasant Vihar.

2. Allegations in the FIR are that the complainant was a tenant in the property owned by the father of the accused. It is alleged that the

vehicle of the father of the accused was damaged by some third party. However, allegations qua the same were being put on the husband of the complainant, consequent to which a quarrel took place and the petitioner accused is alleged to have misbehaved with the complainant.

3. Learned counsels for the parties submit that the parties have settled their disputes with the intervention of family members and other people of the locality.

4. Respondent No.2 is present in court in person, represented by her counsel and identified by the Investigating Officer. The parties submit that they have settled the disputes with each other and they further undertake that they shall maintain peace and cordial relationship in the locality and shall not indulge in any fight in future. They submit that they are agreeable to the settlement and do not wish to press the criminal charges against each other any further.

5. In view of the fact that the disputes between the petitioner and respondent No.2 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 FIRs and the consequent proceedings emanating there from.

6. In view of the above, the petitions are allowed. FIR No.393/2014 under Sections 354/341/506/509 IPC at Police Station Vasant Vihar and the consequent proceedings emanating there from are, accordingly quashed, subject to payment of costs by the petitioner of Rs.5000/- to be paid to Delhi High Court Bar Association Employees Welfare Fund within a period of two weeks. Receipt of deposit of cost be furnished to the Investigating Officer, within three weeks.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 11, 2018 rk