Anisha Sharma & Ors. v. State & Anr.

Delhi High Court · 06 Dec 2019 · 2019:DHC:6736
Brijesh Sethi
W.P.(CRL) 3401/2019
2019:DHC:6736
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 323, 341, 506, and 34 IPC after the parties amicably resolved their dispute, holding that continuation of proceedings would be futile.

Full Text
Translation output
W.P.(CRL) 3401/2019 1
HIGH COURT OF DELHI
Date of Decision: December 06, 2019
W.P.(CRL) 3401/2019
ANISHA SHARMA & ORS. ..... Petitioners
Through: Mr. Ashok Jain, Advocate with petitioners in persons.
VERSUS
STATE & ANR. ..... Respondents
Through: Mr.R.S.Kundu, Additional Standing Counsel with Mr. Shivom Shoran, Advocate for respondent
No.1/State Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Quashing of FIR No. 5/2019, under Sections 323/341/506/34 IPC, registered at police station Raja Garden, Delhi is sought on the ground that the misunderstanding which led to registration of the FIR, now stands cleared between the parties.
Mr. R.S.Kundu, learned Additional Standing Counsel for respondent-State accepts notice and submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and she has been identified to be so on the basis of identity proof produced by
2019:DHC:6736
W.P.(CRL) 3401/2019 2 her.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved and she affirms the contents of her affidavit of 27th November, 2019 supporting this petition and submits that now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.
Upon hearing and on perusal of the FIR of this Case, I find that continuance of proceedings arising out of the FIR in question would be an exercise in futility as the misunderstanding, which led to registration of the FIR, now stands cleared between the parties.
Accordingly, this petition is allowed and FIR No. 5/2019, under
Sections 323/341/506/34 IPC, registered at police station Raja Garden, Delhi and the proceedings emanating therefrom are quashed.
This petition is accordingly disposed of.
(BRIJESH SETHI)
JUDGE
DECEMBER 06, 2019 r 2019:DHC:6736