Naresh vs State (Govt. Of Nct Of Delhi) & Anr.
2018 Latest Caselaw 5291 Del

$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Judgment delivered on:04.09.2018
+      CRL.M.C. 4440/2018
       NARESH                                         ..... Petitioner
                          versus

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


Advocates who appeared in this case:
For the Petitioner   :    Mr. B.C. Pant, Advocate.

For the Respondent   :    Mr. Hiren Sharma, APP for the State.
                          Mr. Yogesh Ramola, Advocate for
                          respondent No.2.
                          SI Anil, PS Kanjhawala
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                     JUDGMENT

04.09.2018

SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.31189/2018 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 4440/2018

1. The petitioner seeks quashing of FIR No.22/2013 under Sections 354/509 IPC, Police Station Kanjhawala.

2. The parties are the residents of the same locality. The subject FIR was registered consequent to a complaint made by the respondent

No.2 that the petitioner had misbehaved with her.

3. Learned counsel for the petitioner submits that the parties have settled their disputes with the intervention of the respectable people of the society and neighbours and a settlement deed dated 19.09.2017 has been executed between the parties.

4. The respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. She submits that she has settled her disputes with the petitioner and does not wish to prosecute the complaint any further and has no objection to the quashing of the FIR.

5. 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 therefrom.

6. In view of the above, the petition is allowed. FIR No.22/2013 under Sections 354/509 IPC, Police Station Kanjhawala and the consequent proceedings emanating there from are quashed, subject to the petitioner depositing costs of Rs.7,500/- 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.

SEPTEMEBER 04, 2018                    SANJEEV SACHDEVA, J
st