Deepanshi & Ors. vs State & Anr.
2018 Latest Caselaw 6039 Del

$~81
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                     Judgment delivered on: 04.10.2018
+       CRL.M.C.5075/2018
DEEPANSHI & ORS.                                            ..... Petitioners
                             versus

STATE & ANR.                                              ..... Respondents
Advocates who appeared in this case:
For the Petitioner:          Mr. Sanjeev Kr. Sarwal, Advocate

For the Respondents:         Mr. Hiren Sharma, APP for the State.
                             with SI Saeem Ali

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                 JUDGMENT

04.10.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A. 33527/2018 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 5075/2018

1. Petitioner seeks quashing of FIR No.109 of 2017 under Sections 380/411/34 of the IPC registered at Police Station Harsh Vihar, Delhi, based on a settlement.

2. Subject complaint was lodged on the ground that the complainant found that his almirah had been broken into and certain money and jewellery articles were missing.

3. Petitioner no. 1-accused is the daughter of the complainant and other petitioners are friends of petitioner no. 1.

4. Learned counsel for the parties submit that the parties have settled their disputes and settlement agreement dated 13.04.2018 has been executed between the parties.

5. Respondent No.2 is present in person and is identified by the Investigating Officer. He submits that he has settled the disputes with the petitioners and does not wish to press charges against the petitioners and prosecute the complaint any further.

6. In view of the fact that the parties are related and have resolved their disputes and respondent No. 2 does not wish to press his 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.

7. In view of the above, the petition is allowed. FIR No.109 of 2017 under Sections 380/411/34 of the IPC registered at Police Station Harsh Vihar, Delhi and the consequent proceedings arising therefrom are, accordingly, quashed.

8. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J OCTOBER 04, 2018/'rs'