ASHIWINIKAUSHIK v. State

Delhi High Court · 28 May 2018
Sanjeev Sachdeva
CRL.M.C. 2958/2018
criminal appeal_allowed

AI Summary

The Delhi High Court quashed FIRs under Sections 324/506/509 and 324/34 IPC following an amicable settlement between the parties, holding that continuation of criminal proceedings would be futile.

Full Text
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HIGH COURT OF DELHI
CRL.M.C. 2961/2018
CRL.M.C. 2958/2018
ASHIWINIKAUSHIK
Petitioner STATE &ANR
CRL.M.C. 2961/2018 &
CrlM.C.2958/2018 Tlirough Mr. Biju Shankar, Advocate.
VERSUS
' -• Respondents
1hrough Mr. Arun Kumar Sharma, APP for the State. .
Mr. Jitender Dewan, Advocate forR- 2.
SI Chhote Lai, PS Punjabi Bagh.
CORAM- SIImranKhan,PSPaschimVihar.
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
28.05.2018 CrI.M.A.10471/2018 rexemptinn) in CRT..M.C. 29f>S/2niS.Crl.M.A.10477/2018 (exemption) in CRL.M.C. 2961/2018
Exemptions are allowed subject to all just exceptions.
CRL.M.C. 2961/2018 & CRL.M.C. 2958/2018
ORDER

1. Petitioner in CRL.M.C. 2961/2018 seeks quashing ofFIR No.37/2013 under Sections 324/506/509 IPG,'Police Station Pachim Vihar. Petitioner in CRL.M.C. 2958/2018 seeks quashing of FIR No.42/2013 under Sections 324/34IPC, Police Station Punjabi Bagh.

2. The parties were friends and the FIR was registered consequent to a quarrel that took place betweenthem. Page 1 2018:DHC:8433

3. Pailies have settled their disputes and a Settlement Agreement dated 27.03.2015 has been entered into between the parties before the Mediation Centre, Tis Hazari Courts.

4. The petitioner, who is present in Court in person, undertakes that he shall also withdraw the complaint case filed by the petitioner against the respondent No.2. The undertaking is accepted

5. Respondent No. 2is present, in person, represented by counsel and is identified by the Investigating Officer. She submits that she has settled all the disputes with the petitioners. She further submits she does not wish to press her complaint any further.

6. In view of the fact that disputes between the parties 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 also be expedient to quash the subject FIRs and the consequent proceedings emanating therefrom.

7. In view ofthe above, the petitions are allowed. FIR No.37/2013 under Sections 324/506/509 IPC, Police Station Pachim Vihar and FIR No.42/2013 under Sections 324/34 IPC, Police Station Punjabi Bagh and the consequent proceedings emanating therefrom are, accordingly quashed

8. 'Order Dasti under the signatures ofthe Court Master. ( ' SAI^EV SACHDEVA, J MAY 28, 2018