Surya Kant Tyagi v. The State (NCT of Delhi)

Delhi High Court · 26 Jul 2018 · 2018:DHC:4532
Sanjeev Sachdeva
CRL.M.C. 3667/2018
2018:DHC:4532
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 354A and 509 IPC following an amicable settlement between the parties and the complainant's decision not to prosecute.

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CRL.M.C. 3667/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 26.07.2018
CRL.M.C. 3667/2018 & Crl.M.A.28520/2018
MR. SURYA KANT TYAGI ..... Petitioner
versus
THE STATE (NCT OF DELHI) & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner(s) : Mr.S.K.Atri, Adv. For the Respondent(s): Mr.Sanjeev Sabharwal, Addl. PP for the State with
ASI Usha Rani, P.S.Connaught Place.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
26.07.2018 SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks quashing of FIR No.69/2018 under Sections 354A/509 of the IPC at Police Station Connaught Place, New Delhi.

2. It is alleged that the petitioner misbehaved with the complainant who had come to Connaught Place along with her family. The petitioner has apologised to the complainant. They have entered into a settlement dated 20.07.2018. Petitioner has also apologised to the complainant. 2018:DHC:4532 CRL.M.C. 3667/2018

3. Respondent No.2 who is present in court in person is identified by the Investigating Officer, she confirms that she has settled with the petitioner and does not wish to prosecute the petitioner.

4. 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.

5. In view of the above, the petition is allowed. FIR No.69/2018 under Sections 354A/509 of the IPC at Police Station Connaught Place, New Delhi and the consequent proceedings emanating there from are accordingly quashed.

6. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 26, 2018 rk