Mohit Rathi v. State of NCT of Delhi & Anr.

1. The petitioner seeks quashing of FIR No. 103 of 2013 under Sections 354A/354D of the IPC registered at Police Station Jagatpuri, New Delhi, based on a settlement. Charges have been framed under Section 354D.

2. The parties were known to each other as they were studying in 2018:DHC:5432 the same school. Petitioner is alleged to have misbehaved with the complainant consequent to which the FIR has been registered.

3. Learned counsels for the parties submit that the parties have settled their disputes with the intervention of family members and friends. Parties have settled their disputes and a Memorandum of Understanding dated 17.08.2018 has been executed.

4. Petitioner who is present in person has regretted his conduct and has apologised to the respondent No.2. The apology has been accepted by respondent No.2.

5. Respondent No.2 who is present in Court in person is represented by a counsel and identified by the Investigating Officer. She submits that since the petitioner has regretted his conduct and tendered an apology, she has settled the dispute with the petitioner and does not wish to prosecute the complaint any further.

6. In view of the fact that the disputes between the petitioner and respondent no. 2 have been settled, 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 qua the petitioners.

7. In view of the above, the petition is allowed. FIR No. 103 of 2013 under Sections 354A/354D of the IPC registered at Police Station Jagatpuri, New Delhi and the consequent proceedings emanating there from are accordingly quashed.

8. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J AUGUST 28, 2018 rk