Francis Gill v. State of Delhi & Anr.

Delhi High Court · 16 Oct 2018 · 2018:DHC:6793
Sanjeev Sachdeva
CRL.M.C. 5338/2018
2018:DHC:6793
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 354, 354A, and 506 IPC based on a settlement between the parties and the complainant's decision not to pursue the complaint further.

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CRL.M.C. 5338/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on:16.10.2018
CRL.M.C. 5338/2018
FRANCIS GILL ..... Petitioner
versus
STATE OF DELHI & ANR. .... Respondents Advocates who appeared in this case:
For the Petitioner : Mr.Arvind Vashishta, Adv.
For the Respondents : Mr. Ashish Dutta, Addl. PP for the State
Mr.Harish Bhardwaj, Adv. for R-2 with R-2 in person.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
16.10.2018 SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 34518/2018 (Exemption)
Allowed, subject to all just exceptions.

1. Petitioner seeks quashing of FIR No. 94 of 2017 under Sections 354/354A/506 IPC registered at Police Station I.G.I.Airport, New Delhi, based on a settlement.

2. The allegations in the FIR are that the prosecutrix was employed in the organisation where the petitioner was also working as a General Manager. It is alleged that the petitioner used to misbehave with her off and 2018:DHC:6793 on consequent to which she lodged a complaint.

3. Learned counsel for the petitioner submits that parties have settled their disputes and Settlement Deed dated 17.09.2018 has been executed. It is informed that the suit filed by the petitioner against the respondent No.2 has since been withdrawn on the basis of the settlement.

4. Respondent No.2 is present in person, represented by her counsel. She submits that she has settled her disputes with the petitioner and does not wish to press charges against the petitioner and prosecute the complaint any further.

5. In view of the fact that the parties have fully and finally settled their disputes and the respondent No.2 has stated that she does not wish to press the complaint any further, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

6. In view of the above, the petition is allowed. FIR No. 94 of 2017 under Sections 354/354A/506 IPC registered at Police Station I.G.I.Airport, New Delhi and the consequent proceedings emanating there from are quashed.

7. Order Dasti under the signatures of the Court Master.

OCTOBER 16, 2018/rk SANJEEV SACHDEVA, J