Samara Khan vs The State ( Govt Of Nct Of Delhi ) & ...
2018 Latest Caselaw 6161 Del

$~85
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                     Judgment delivered on:09.10.2018

+      CRL.M.C. 5169/2018
SAMARA KHAN                                                  ..... Petitioner
                             versus

THE STATE ( GOVT OF NCT OF DELHI ) & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner :         Khan Zulfiqar Khan, Advocate.

For the Respondents   :      Mr. Kewal Singh Ahuja, APP for State.
                             ASI Jafruddin, PS Jamia Nagar, New Delhi.
                             Respondent no. 2 in person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                     JUDGMENT

09.10.2018

SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.33915/2018 (exemption)

Exemption is allowed subject to all just exceptions. CRL.M.C 5169/2018

1. Petitioner seeks quashing of FIR No.588/2012 initially registered under Sections 341/354/323/365/511 IPC, Police Station - Jamia Nagar.

2. Learned counsel for the petitioner submits that after the charge sheet was filed, charge has been framed against the petitioner only under Section 345 IPC.

3. Subject FIR was filed consequent to a complaint made by respondent no. 2 that the petitioner was harassing her for last two years. He was alleged to have held her hand and tried to pull her on his bike.

4. Respondent no.2 is present in Court in person and is identified by the Investigating Officer. She submits that she has settled with the petitioner and does not wish to prosecute the complaint any further and she has no objection to the quashing of subject FIR.

5. In view of the fact that the parties have fully and finally settled their disputes and the respondent No.2 has stated that she does not wish to press the complaint 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.588/2012 registered under Sections 341/354/323/365/511 IPC, Police Station - Jamia Nagar and the consequent proceedings emanating there from are quashed, subject to the petitioner depositing a consolidated cost of Rs.20,000/- with the "Chief Minister's Distress Relief Fund (CMDRF), Kerala", 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 the signatures of the Court Master.

SANJEEV SACHDEVA, J OCTOBER 09, 2018/ak