Prashant Kumar & Ors. v. State & Anr

Delhi High Court · 11 Sep 2018 · 2018:DHC:5852
Sanjeev Sachdeva
CRL.M.C. 2918/2018
2018:DHC:5852
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 308/34 IPC after the parties amicably settled their dispute and the complainants chose not to pursue prosecution.

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CRL.M.C. 2918/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on:11.09.2018
CRL.M.C. 2918/2018 & Crl.M.A. 10318/2018
PRASHANT KUMAR & ORS. ..... Petitioners
versus
STATE & ANR ...... Respondents Advocates who appeared in this case:
For the Petitioners : Mr.Aman Dhyani, Adv. For the Respondents : Ms.Neelam Sharma, Addl. PP for the State
SI Sunder Singh PS Baba Hardass Nagar.
Mr.H.S. Sasan, Adv. for R-2 to 4.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
11.09.2018 SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek quashing of FIR No.129/2012 under Sections 308/34 IPC, Police Station Baba Haridass Nagar.

2. On the oral prayer of learned counsel for the petitioners, respondent no. 3 & 4 are added as parties. Amended memo of parties is taken on record.

3. Parties are resident of the same locality. Subject FIR was registered consequent to a quarrel that took place between the parties. It was alleged that the petitioners were teasing girls in the locality which was objected to 2018:DHC:5852 CRL.M.C. 2918/2018 the respondent no.2, petitioners are alleged to have assaulted the complainant-respondent no. 2 and respondent nos. 3 and 4. It is stated that with the intervention of friends and family parties have resolved their disputes.

4. Respondent nos. 2, 3 & 4 are present in Court represented by counsel and identified by the Investigating Officer. They submit that they have settled their disputes with the petitioners and do not wish to press charges against the petitioners and prosecute the complaint any further.

5. Status report has been filed and the same is taken on record.

6. In view of the fact that the parties have resolved their disputes and the complainants do not wish to press any complaint; 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 there from.

7. In view of the above, the petition is allowed FIR No.129/2012 under Sections 308/34 IPC, Police Station Baba Haridass Nagar and the consequent proceedings emanating there from are quashed.

8. The pending application is accordingly disposed of.

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

SEPTEMBER 11, 2018/ab SANJEEV SACHDEVA, J