Neelam v. The State (NCT of Delhi) & Anr

Delhi High Court · 03 Aug 2018 · 2018:DHC:4836
Sanjeev Sachdeva
CRL.M.C. 3890/2018
2018:DHC:4836
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 384 and 506 IPC arising from a financial dispute on the basis of an amicable settlement between the parties.

Full Text
Translation output
CRL.M.C. 3890/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 03.08.2018
CRL.M.C. 3890/2018
NEELAM ..... Petitioner
versus
THE STATE (NCT OF DELHI) & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Rashid Hashmi, Advocate along with petitioner in person.
For the Respondents: Mr. Kamal Kumar Ghai, Addl. PP for the State with SI Lala Ram, PS I.P. Lodhi
Colony Mr. Alok K. Agarwal with Mr. Naveen Chawla, Advocates for respondent No.2
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
03.08.2018 SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A. 29242/2018 (exemption)
Exemption is allowed subject to all just exception.
CRL.M.C.3890/2018

1. The petitioner seeks quashing of FIR No.11/2014 under 2018:DHC:4836 Sections 384/506 IPC, Police Station I.P. Lodhi Road and the consequent proceedings arising therefrom, based on a settlement. Subject FIR emanates out of a financial dispute between the parties.

2. Learned counsel for the parties inform that there were other disputes also between the parties however they have all been settled. Compromise was entered into at the Mediation Centre, Saket Courts on 07.06.2018. As per the settlement the parties have agreed to resolve all their pending disputes.

3. The respondent No.2 present in Court in person, represented by counsel and identified by the Investigating Officer. He submits that he has settled the disputes with the petitioner and does not wish to prosecute the complaint any further and has no objection to the quashing of the FIR and the consequent proceedings arising there from. Parties confirm that all there other disputes have also been settled.

4. In view of the fact that parties have settled their disputes and respondent No.2 does not wish to prosecute the compliant 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 there from.

5. In view of the above, the petition is allowed. The FIR NO. 11/2014 under Sections 384/506 IPC, Police Station I.P. Lodhi Road and the consequent proceedings arising therefrom are, accordingly, quashed.

6. Petition is disposed of in the above terms.

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

SANJEEV SACHDEVA, J AUGUST 03, 2018 ns