Anita Gupta & Ors. vs State & Anr.
2018 Latest Caselaw 3943 Del

$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                     Judgment delivered on: 13.07.2018
+      CRL.M.C. 3435/2018

ANITA GUPTA & ORS                                              ..... Petitioners

                             versus

STATE & ANR                                                ..... Respondents
                        .
Advocates who appeared in this case:
For the Petitioner :   Mr. Dinesh Malik with Mr. Manish Malik and Mr. Akash
                       Saini, Advocates with petitioners in person

For the Respondent: Mr. Panna Lal Sharma, APP for the State.
                    SI Sumit, PS Uttam Nagar

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                                JUDGMENT

13.07.2018 SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.12483/2018 (exemption)

Exemption is allowed subject to all just exceptions. CRL.M.C. 3435/2018

1. Petitioners seek quashing of FIR No.479/2016 under Sections 354/509/323/34 IPC, Police Station Uttam Nagar.

2. The parties are neighbours. The subject FIR has been registered

after a quarrel that took place on an issue relating to parking of vehicles.

3. It is contended by the learned counsel for the petitioners that the quarrel took place on the spur of moment without any premeditation. Learned counsel for the petitioners submits that the disputes between the parties have been settled.

4. Respondent No.2 is present in Court in person and is identified by the Investigating Officer. She has even filed a copy of her Aadhar Card. She has also filed her affidavit in support of the petition giving her 'no objection' to the quashing of the 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. Accordingly, the petition is allowed. FIR No.479/2016 under Sections 354/509/323/34 IPC, Police Station Uttam Nagar and the consequent proceedings emanating therefrom are quashed.

7. Order Dasti under signatures of Court Master.

SANJEEV SACHDEVA, J JULY 13, 2018/st