Mahendra Davar & Anr. vs The State (Govt. Of Nct Of Delhi) & ...
2018 Latest Caselaw 3950 Del

$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                 Judgment delivered on: 13.07.2018
+      CRL.M.C. 3433/2018
MAHENDRA DAVAR & ANR.                                ..... Petitioners
                         versus

THE STATE (GOVT OF NCT OF DELHI) & ANR. ..... Respondents

Advocates who appeared in this case:
For the Petitioner :     Mr. Anubhav Dubey, Adv. along with petitioners in
                         person.

For the Respondent:      Mr. Panna Lal Sharma, Addl. PP for the State with
                         SI Somvir Singh
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                            JUDGMENT

13.07.2018

SANJEEV SACHDEVA, J. (ORAL)

1. On the oral prayer of the petitioners, Mrs. Promila Dawar is impleaded as petitioner. Amended memo of parties is taken on record.

2. The petitioners seek quashing of FIR No. 650 of 2016 under Sections 354/354-B/323/34 of the IPC registered at Police Station Seema Puri, Delhi, based on a settlement.

3. The parties are related to each other. The subject FIR was

registered consequent to a dispute between the family members.

4. Learned counsels for the parties submit that the parties have settled their disputes. Settlement Agreement dated 02.07.2018 has been executed. Further settlement agreement dated 13.07.2018 has also been produced and is taken on record.

5. The petitioners who are present in Court undertake that they shall not visit the house of Smt. Saroj Dawar unless invited by her. They further undertake that they shall not quarrel with Smt. Saroj Dawar or Respondent no. 2. The undertaking is accepted.

6. Respondent no. 2 is present in court in person and is identified by the Investigating Officer. Respondent no. 2 submits that she has settled the disputes with the petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any further.

7. 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 FIR and the consequent proceedings emanating therefrom.

8. In view of the above, the petition is allowed. FIR No. 650 of 2016 under Sections 354/354-B/323/34 of the IPC registered at Police Station Seema Puri, Delhi and the consequent proceedings emanating therefrom are quashed.

9. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 13, 2018 'rs'