Abhishek Naiwal v. The State (Govt. of NCT of Delhi) & Anr

Delhi High Court · 10 Sep 2018 · 2018:DHC:5808
Sanjeev Sachdeva
CRL.M.C. 3581/2018
2018:DHC:5808
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 324, 341, and 34 IPC based on a settlement between the parties and the complainant's unwillingness to prosecute further.

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CRL.M.C. 3581/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 10.09.2018
CRL.M.C. 3581/2018
ABHISHEK NAIWAL ..... Petitioner
versus
THE STATE (GOVT. OF NCT OF DELHI) & ANR..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Harish Kumar, Adv For the Respondents: Mr. Raghuvinder Verma, APP for the State.
SI Praveen Kumar PS Mandawali.
Mr.Ravendra Kumar, Adv. for R-2.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
10.09.2018 SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks quashing of FIR No. 173/2014 under Sections 324/341/34 IPC registered Police Station Mandawali, based on a settlement.

2. The subject FIR was registered consequent to a quarrel that took place between the parties. The allegation against the petitioner is that he had fought with the complainant.

3. Learned counsels for the parties submit that the parties have settled their disputes by way of a settlement. As per the settlement, a 2018:DHC:5808 CRL.M.C. 3581/2018 total sum of Rs. 25,000/- has been agreed to be paid to respondent NO. 2. The entire amount has already been paid.

4. The Respondent no. 2 is present in Court, represented by his counsel and is identified by the Investigating Officer. Respondent no.2 submits that he has settled disputes with the petitioner and does not wish to prosecute the complaint any further and has no objection to the quashing of the subject FIR.

5. In view of the fact that the parties have resolved their disputes and respondent no.2 does not wish to press his 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 therefrom.

6. In view of the above, the petition is allowed FIR No. 173/2014 under Sections 324/341/34 IPC registered Police Station Mandawali, based on a settlement and the consequent proceedings emanating there from are quashed.

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

SEPTEMBER 10, 2018 SANJEEV SACHDEVA, J ab