Harbhajan Singh v. State

Delhi High Court · 10 Jul 2018 · 2018:DHC:4028
Sanjeev Sachdeva
CRL.M.C. 3258/2018
2018:DHC:4028
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 354-D and 509 IPC based on a settlement between parties and withdrawal of prosecution, emphasizing the court's power to prevent abuse of process.

Full Text
Translation output
CRL.M.C. 3258/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 10.07.2018
CRL.M.C. 3258/2018
HARBHAJAN SINGH ..... Petitioner
versus
STATE & ANR ..... Respondents Advocates who appeared in this case:
For the Petitioner : Ms.Meena Devi, Mr.Manish Malik and Mr.Jai
Shubash Thakur, Advocates.
For the Respondent: Ms.Neelam Sharma, APP for the State with SI
Ramakant from Police Station-Sarai Rohilla.
Respondent No.2 in person.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
10.07.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No. 890 of 2014 under Sections 354-D/509 of the IPC at Police Station Sarai Rohilla, New Delhi, based on a settlement.

2. It is contended that the FIR was lodged on the allegations that the petitioner had persistently misbehaved with the complainant and made obscene gestures. 2018:DHC:4028 CRL.M.C. 3258/2018

3. Learned counsels for the parties submit that the parties have settled their disputes. The petitioner has expressed remorse and apologised to respondent no.2.

4. Respondent no.2 is present in court in person and is identified by counsel and submits that since the petitioner has expressed remorse and apologised, she does not wish to prosecute her complaint any further.

5. 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.

6. In view of the above, the petition is allowed. FIR No. 890 of 2014 under Sections 354-D/509 of the IPC at Police Station Sarai Rohilla, New Delhi, and the consequent proceedings there from are, accordingly quashed, subject to payment of costs Rs.10,000/- to be paid to Delhi High Court Bar Association Employees Welfare Fund within a period of two weeks. Receipt of deposit of cost be furnished to the Investigating Officer, within three weeks.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 10, 2018