Surender Kumar Pandey @ Surendera ... vs The State (Nct Of Delhi) & Anr.
2018 Latest Caselaw 5807 Del

$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                     Judgment delivered on: 25.09.2018

+      CRL.M.C. 4894/2018
SURENDER KUMAR PANDEY @ SURENDERA
KUMAR & ANR.                                                   ..... Petitioners
                             versus

THE STATE (NCT OF DELHI) & ANR.                              ..... Respondents
Advocates who appeared in this case:
For the Petitioner :         Mr. Rajesh Kumar Singh, Advocate.

For the Respondents:         Mr. Kewal Singh Ahuja, APP for the State with SI
                             Anil Kumar
                             Mr. Shailendra Kumar Jaiswal, Adv. for R-2 with
                             R-2 in person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                JUDGMENT

25.09.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek quashing of FIR No. 7 of 2017 under Section 354- A/509/323 of the IPC registered at Police Station C.R. Park, Delhi, based on a settlement.

2. The allegations in the FIR are that the petitioner a Pujari was fighting with another Pujari and when the complainant sought to intervene, he misbehaved with her and slapped her.

3. The petitioners are present in Court in person. They regret and

express remorse for their conduct. They undertake that they shall not repeat the same in future. They have settled the disputes with the complainant/respondent no. 2 and apologised to respondent no. 2.

4. Parties have settled their disputes and a Memorandum of understanding dated 24.08.2018 has been executed between the parties.

5. Respondent No.2 is present in Court, represented by her counsel and identified by the Investigating Officer. She submits that she does not wish to press the complaint against the petitioners any further and has no objection to quash 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 their 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. 7 of 2017 under Section 354-A/509/323 of the IPC registered at Police Station C.R. Park, Delhi and the consequent proceedings emanating there from are, accordingly quashed.

8. Order Dasti under signatures of the Court Master.

SEPTEMBER 25, 2018/'rs'                    SANJEEV SACHDEVA, J