Delhi High Court
Shri Shiv Shankar vs State Through Sho Ps Krishna Nagar & Anr. on 1 March, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 01.03.2024
+ CRL.M.C. 1571/2024
SHRI SHIV SHANKAR ..... Petitioner
Through: Mr. Varun Maheshwari, Advocate
with Petitioner-in-person.
versus
STATE THROUGH SHO PS KRISHNA NAGAR
& ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP for State with
SI Rajbir Singh, PS: Krishna Nagar.
Mr. Pranav Sharma, Advocate for R-2
with Respondent No. 2 in-person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
1. Petition under Section 482 of the Code of Criminal Procedure, 1973
('Cr.P.C.') has been preferred on behalf of the petitioner for quashing of FIR
No. 0312/2023, under Sections 323/354B IPC, registered at PS: Krishna
Nagar, Delhi and the proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No. 2 along with respondent No. 2 in person appear on advance
notice and accept notice.
3. In brief, as per the case of the petitioner, respondent No. 2 is sister-in-
law of the petitioner. Present FIR was registered on 23.05.2023 by
respondent No. 2, since there was a quarrel between petitioner and his wife
(sister of respondent No.2) over a petty issue, in which the respondent No.2
also intervened.
4. Learned counsel for respondent No. 2 submits that FIR was registered
on a petty quarrel between petitioner and his wife, and the present FIR was
registered on misunderstanding between the parties.
5. The disputes are stated to have been amicably resolved between the
parties who are closely related vide settlement deed dated 21.11.2023.
6. Learned APP for the State submits that in view of amicable settlement
between the parties, the State has no objection in case the FIR in question is
quashed.
7. Petitioner as well as respondent No. 2 are present in person and have
been identified by SI Rajbir Singh, PS: Krishna Nagar, Delhi. I have
interacted with the parties and they confirm that the matter has been
amicably settled between them without any threat, pressure or coercion.
Respondent No. 2 also states that nothing remains to be further adjudicated
upon between the parties and she has no objection in case the FIR in question
is quashed.
8. Parties intend to put quietus to the proceedings and move forward in
life being closely related. Considering the facts and circumstances, since the
matter has been amicably settled between the parties, no useful purpose shall
be served by keeping the case pending. Continuation of proceedings would
be nothing but an abuse of the process of Court. Consequently, FIR No.
0312/2023, under Sections 323/354B IPC, registered at PS: Krishna Nagar,
Delhi and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also
stand disposed of.
A copy of this order be forwarded to the learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
MARCH 01, 2024/R
