Shipra Keshari & Anr. v. State & Anr.

Delhi High Court · 27 Feb 2020 · 2020:DHC:1403
Brijesh Sethi
W.P.(Crl.) 567/2020
2020:DHC:1403
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Section 308 IPC following an amicable settlement between the parties, exercising its inherent powers under Section 482 CrPC.

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W.P.(Crl.) 567/2020 HIGH COURT OF DELHI
Date of Decision: February 27, 2020
W.P.(CRL) 567/2020 and CRL.M.A. 4314/2020
SHIPRA KESHARI & ANR. ..... Petitioners
Through Mr. Dhananjay Kumar, Advocate alongwith petitioners in person
VERSUS
STATE & ANR. ..... Respondents
Through Ms. Shivani Sharma, Advocate for Ms. Richa Kapoor, Additional
Standing Counsel for the State/Respondent no.1 with SI
Sanjeet Kumar and SI Kuldeep Singh, P.S.: Mandawali, Delhi
Respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 208/2019, under Section 308 of the Indian Penal Code, 1860, registered at P.S.:
Mandawali Fazal Pur, Delhi and the proceedings emanating therefrom.
The petitioners and respondent no.2 have submitted that they have settled their disputes vide Memorandum of Understanding dated 10th
2020:DHC:1403 W.P.(Crl.) 567/2020 December, 2019. It is submitted that with the intervention of the respectable persons of the society, elders and well wishers, the petitioner and respondent no.2 have amicably resolved their disputes and have agreed that both the parties shall maintain cordial relations in future and shall not peruse the FIRs filed by them.
Respondent no.2, who is present in Court, has reiterated the aforesaid facts and submitted that he has amicably settled the dispute.
Respondent no.2 further submitted that he has no objection to the FIR being quashed and the petition being allowed.
The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.
In view of the above settlement arrived at between the parties, this
Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 208/2019, under Section 308 of the IPC, registered at P.S.: Mandawali Fazal Pur, Delhi and the proceedings emanating therefrom are quashed.
Petition alongwith pending application is disposed of accordingly.
(BRIJESH SETHI)
JUDGE
FEBRUARY 27, 2020 savita 2020:DHC:1403