Himanshu Arora & Anr. vs State (Nct Of Delhi) & Anr.
2018 Latest Caselaw 5436 Del

$~77
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                    Judgment delivered on: 10.09.2018

+      CRL.M.C. 4555/2018
HIMANSHU ARORA & ANR.                              ..... Petitioners
                                versus

STATE (NCT OF DELHI) & ANR.                                ..... Respondents
Advocates who appeared in this case:
For the Petitioners :        Mr.R.K. Ruhil, Advocate with Mr.Rajesh Kaglu,
                             Advocate

For the Respondents:         Mr.Kamal Kumar Ghai, Addl. PP for the State.
                             Mr.Akshay Kumar, Advocate for complainant.
                             SI Onkar Singh PS Safdarjung.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                 JUDGMENT

10.09.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 31648/2018 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 4555/2018

1. Petitioners seek quashing of FIR No. 67/2018 under Sections 354/34 of IPC registered Police Station Safdarjung Enclave, Delhi, based on a settlement.

2. The subject FIR was registered consequent to a complaint made by

respondent no.2 that petitioners had misbehaved with her.

3. Learned counsel for the petitioners submits that with the intervention of the family members and relatives, the parties have amicably resolved their disputes and a MOU dated 01.09.2018 has been executed between the parties.

4. Respondent no. 2 is present in Court, represented by her counsel and identified by the Investigating Officer. She submits that since the petitioner has regretted his conduct and tendered an apology, she has settled the dispute with the petitioner and does not wish to prosecute the complaint any further.

5. In view of the fact that 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. 67/2018 under Sections 354/34 of IPC registered Police Station Safdarjung Enclave and the consequent proceedings emanating there from are quashed.

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

SEPTEMBER 10, 2018/'rs' SANJEEV SACHDEVA, J