Manoj & Anr. vs State & Anr
2018 Latest Caselaw 6207 Del

$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on:10.10.2018

+      CRL.M.C. 5209/2018
MANOJ & ANR.                                           ..... Petitioners
                           versus

STATE & ANR                                            ..... Respondents


Advocates who appeared in this case:


For the Petitioner   :     Mr. Sushil Kr. Jain, Adv.

For the Respondents :      Mr. Raghuvinder Verma, Addl. PP for the State
                           with SI Kamal Kumar

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                   JUDGMENT

10.10.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek quashing of FIR No. 31/2017 under Sections 354/323/325/341/509/34 IPC, Police Station Okhla Indl. Area, based on a settlement.

2. The allegations in the FIR are that the prosecutrix had gone to shop to purchase certain articles and the petitioners under influence of alcohol misbehaved with her.

3. Learned counsel for the parties submits that parties have settled their disputes with the intervention of residents of the locality and petitioners have apologised to the respondent No.2 and she has accepted the apology.

4. Parties are neighbours. The petitioners have expressed remorse and regretted their conduct and undertake that they shall not repeat the same in future. The undertakings are accepted.

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

6. 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 there from.

7. In view of the above, the petition is allowed. FIR No.31/2017 under Sections 354/323/325/341/509/34 IPC, Police Station Okhla Indl. Area and the consequent proceedings emanating there from are

quashed, subject to the petitioners' depositing a consolidated cost of Rs.10,000/- 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.

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

OCTOBER 10, 2018                         SANJEEV SACHDEVA, J
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