Shri Cretan Marwah & Anr. v. State & Anr.

Delhi High Court · 05 Oct 2018 · 2018:DHC:8280
A. K. Pathak
CRL.M.C.5087/2018
2018:DHC:8280
criminal appeal_allowed

AI Summary

The Delhi High Court quashed two FIRs and related criminal proceedings based on a voluntary and amicable settlement between the parties, exercising its inherent powers under Section 482 CrPC.

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$-41 &42 HIGH COURT OF DELHI
CRL.M.C.5087/2018,CRL MA 33588/2018
SHRI CRETAN MARWAH & ANR. Petitioners
Through Mr.Praveen Kumar& Mr.Sarthak Gupta,Advs
VERSUS
STATE& ANR. Respondents
Through Dr.MP Singh,APP for State SI Dharmendra,PS SJ Enclave
Mr.Yash Prakash,Adv for R-2 with R-2in person
CRL.M.C.5089/2018,CRL MA 33593/2018
PIYUSH SONI& ANR Petitioners
Through Mr.Yash Prakash,Adv
VERSUS
STATE(NOT OF DELHI)& ANR Respondents
Through Dr.MP Singh,APP for State SI Dharmendra,PS SJ Enclave
Mr.Prveen Kumar & Mr.Sarthak Gupta,Advs for R-2 with R-2in person
CORAM:
HON'BLE MR.JUSTICE A.K.PATHAK
05.10.2018 By these petitions accused (petitioners) have prayed for quashing of two cross FIRs details whereofare as under:-
2018:DHC:8280
ORDER

1. FIR No.59/2016 under sections 354(D)(1)7506/509/34 IPCregistered atpolice station SafdarjungEnclave onthe complaint of respondent no.2- Deepika Marwah in Crl MC No.5089/2018 wherein Piyush Soni and Munish Soni are petitioners( accused);&

2. FIR No.60/2016 under sections 354A/506/509/34 IPC registered at police station Safdarjung Enclave on the complaint of respondent no.2- Tanvi Soni in Crl MC No.5087/2018 wherein Chetan Marwah and Rishi Marwah are petitioners(accused). Petitioners and respondent nos.[2] in both these petitions are neighbours. It is submitted that they have now settled their disputes amicably,therefore,complainantsDeepikaMarwah andTanviSoniare not willing to pursue their respective FIRs and the same may be quashed. Complainants Deepika Mamah and Tanvi Soni are present in Court and have been identified by SI Dharmendra of police station Safdarjung Enclave.They submitthatthey have settled the matter with petitionersoftheirownfree will and withoutany undueforce,pressure or coercion. They say that they have no objection in case aforesaid FIRs and the consequent proceedings emanating therefrom are quashed. Affidavitsofboththe complainantsinthisregard have been placed on record. Keeping in mind the settlement arrived at between the petitioners and complainants voluntarily, in my view, no fruitful puipose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIRs and the consequent proceedings emanating therefrom are quashed against the petitioners. Petitions are disposed of in the above terms. Miscellaneous applications are disposed ofas infructuous. Dasti. a.k:pathak,j