Vikas v. State and Anr.

Delhi High Court · 20 Jul 2018 · 2018:DHC:4404
Sanjeev Sachdeva
CRL.M.C. 3573/2018
2018:DHC:4404
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Section 354 IPC based on an amicable settlement between the parties and the complainant's unwillingness to proceed further.

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CRL.M.C. 3573/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 20.07.2018 VIKAS ..... Petitioner
versus
STATE AND ANR. ..... Respondents Advocates who appeared in this case:
For the Petitioner : Mr. Vijay Pal Singh and Mr. Sudhir Kumar, Advs.
For the Respondents: Mr. Kamal Kr. Ghai, Addl. PP for the State with
Inspr. Gur Sewak Mr. Y.K. Sikri, Adv. for R-2 with R-2 in person.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
20.07.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No. 92 of 2011 under Sections 354 of the IPC registered at Police Station Tilak Nagar, New Delhi, based on a settlement.

2. The parties were working in the same household. It is contended by learned counsel for the parties that parties have settled the dispute with the intervention of common friends, relatives and neighbours. Settlement deed dated 17.07.2018 has been executed between the parties. 2018:DHC:4404

3. The petitioner who is present in Court has expressed regret and remorse at his conduct and apologized to respondent no. 2.

4. Respondent no. 2 is present in court in person, represented by her counsel and is identified by the Investigating Officer. She submits that she has settled the disputes with the petitioner and is agreeable to the settlement and does not wish to press criminal charges against the petitioner any further.

5. In view of the fact that the disputes between the petitioner and respondent 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 therefrom.

6. In view of the above, the petition is allowed. FIR No. 92 of 2011 under Sections 354 of the IPC registered at Police Station Tilak Nagar, New Delhi and the consequent proceedings therefrom are, accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 20, 2018/‘rs’