Naresh v. State (Govt of NCT of Delhi) & Anr

1. The petitioner seeks quashing of FIR No.22/2013 under Sections 354/509 IPC, Police Station Kanjhawala.

2. The parties are the residents of the same locality. The subject FIR was registered consequent to a complaint made by the respondent 2018:DHC:5631 No.2 that the petitioner had misbehaved with her.

3. Learned counsel for the petitioner submits that the parties have settled their disputes with the intervention of the respectable people of the society and neighbours and a settlement deed dated 19.09.2017 has been executed between the parties.

4. The respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. She submits that she has settled her disputes with the petitioner and does not wish to prosecute the complaint any further and has no objection to the quashing of the FIR.

5. In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press her 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.22/2013 under Sections 354/509 IPC, Police Station Kanjhawala and the consequent proceedings emanating there from are quashed, subject to the petitioner depositing costs of Rs.7,500/- with the “Chief Minister’s Distress Relief Fund (CMDRF), Kerala”, within a period of two weeks from today. Receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of three weeks from today.

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

SEPTEMEBER 04, 2018 SANJEEV SACHDEVA, J st