Citation : 2018 Latest Caselaw 4350 Del
Judgement Date : 27 July, 2018
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 27.07.2018
+ CRL.M.C. 3705/2018
SANDEEP ..... Petitioner
versus
STATE (GOVT. OF NCT DELHI)& ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Mohit Kumar, Advocate.
For the Respondent: Mr. Kamal Kumar Ghai, APP for the State.
ASI Anita Dagar, PS Nafargarh.
Mr. Anil Kumar, Advocate for R-2.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
27.07.2018 SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.28637/2018 (exemption)
Exemption is allowed subject to all just exceptions. CRL.M.C. 3705/2018
1. Petitioner seeks quashing of FIR No.27/2017 under Section 354D/506 IPC, Police Station Najafgarh. Chargesheet has already been filed.
2. The allegations in the FIR are that the petitioner had
approached the complainant contending that he had studied with her in a college and thereafter used to pester her with proposal of marriage.
3. Learned counsel for the petitioner submits that the parties have settled their disputes. The petitioner has apologized to respondent No.2 for his conduct and has assured that he shall not trouble her in future. A Compromise Deed dated 05.03.2018 has been executed between the parties.
4. Respondent No.2 is present in Court in person, represented by counsel and identified by the Investigating Officer. She confirms that the petitioner has apologized to her and she has accepted the apology and further submits that she does not wish to press her complaint any further.
5. Keeping in view the nature of the allegation and the fact that the petitioner has apologized to respondent No.2 and further that respondent No.2 does not wish to press her complaint against the petitioner any further, 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. In view of the above, the petition is allowed. FIR No.27/2017
under Section 354D/506 IPC, Police Station Najafgarh, and the consequent proceedings emanating therefrom are hereby quashed, subject to the petitioner depositing costs of Rs.5,000/-, which shall be paid to the "Delhi High Court Bar Association Employees Welfare Fund", within a period of two weeks from today. 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 Court Master.
SANJEEV SACHDEVA, J JULY 27, 2018 st
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