Delhi High Court
Ashish Arora vs State & Anr. on 6 November, 2020
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 06.11.2020
+ CRL.M.C. 1822/2020
ASHISH ARORA ..... Petitioner
Through Mr. Nimish Chib, Adv.
versus
STATE & ANR. ..... Respondent
Through Mr. P. L. Sharma, APP for State
SI Manoj, PS Paschim Vihar.
Respondent no.2/complainant in
person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
1. Vide the present petition, petitioner seeks direction for quashing of
FIR No.344/2018 dated 07.08.2018 registered at Police Station Paschim
Vihar and consequent proceedings arising therefrom.
2. Notice issued.
3. Notice is accepted by learned APP for State and respondent no.2
present in person through video conferencing and with the consent of
counsel for parties, present petition is taken up for final disposal.
4. The present petition is filed on the ground that parties have settled
their disputes and respondent No.2 has no objection if the present petition is
allowed.
5. Petitioner and respondent no.2 with the intervention of their well
wishers and relatives entered into an amicable settlement before the Ld.
Family Courts, Tis Hazari Courts, Delhi vide settlement deed dated
23.12.2019 and settled all their disputes amicably.
6. Complainant is present in person and has been identified by SI Manoj
of Police Station Paschim Vihar and submits that matter has been settled and
she does not wish to prosecute the matter any further.
7. Although, as per the directions of the Hon'ble Supreme Court in
Parbat Bhai Aahir and Ors. vs. State of Gujrat & Ors.: (AIR 2017 SC
4843), the FIR should not be quashed in case of a heinous offence, but when
the respondent No.2/complainant herself takes the initiative and makes
affidavit before this Court, stating that she made the complaint due to some
misunderstanding and now wants to give quietus to the misunderstanding
which arose between the petitioner and respondent no.2, in my considered
opinion, in such cases, there will be no purpose in continuing with the trial.
Ultimately, if such direction is issued, the result will be of acquittal in favour
of the accused, but substantial public time shall be wasted.
8. This Court is conscious about the dictum of the Supreme Court in
terms of seriousness of the case, however, keeping in view the amicable
settlement between the petitioner with the respondent No.2 and their
families, it seems that in the present case, the FIR was registered on the
basis of false allegations arising out of misunderstandings between
respondent no.2 and petitioner.
9. In view of the submissions made by the respondent No.2 before this
Court, the respondent No.2 is liable to be prosecuted. However, keeping in
view the fact that the families of both the parties have amicably settled the
differences and do not want the minor child to get involved in the
proceedings, I hereby refrain from taking any legal action against the
respondent No.2.
10. Taking into account the aforesaid facts, this Court is inclined to quash
FIR as no useful purpose would be served in prosecuting petitioners any
further.
11. FIR No.344/2018 dated 07.08.2018 registered at Police Station
Paschim Vihar and consequent proceedings emanating therefrom are
quashed.
12. The petition is, accordingly, allowed and disposed of.
13. The order be uploaded on the website forthwith.
(SURESH KUMAR KAIT)
JUDGE
NOVEMBER 06, 2020
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