Full Text
CRL.M.C. 2388/2018 & Crl. M.A. 8503/2018
LALIT PURI &ANR Petitioners
Through: Mr. Lalit Gupta and Mr. Siddharth Arora, Advs.
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Through: Mr. G.M. Farooqui, Addl. PP for the State with SI Nitin Nawani
Mr. Ishan Chawla and Ms. Diksha Bhatia, Advs. for R-2
LALIT PURI &ORS Petitioners
Through: Mr. Lalit Gupta and Mr. Siddharth Arora, Advs.
State with SI Nitin Nawani Mr. Ishan Chawla and Ms. Diksha Bhatia, Advs. for R-2
07.05.2018 Crl. M.A. 8504/2018 fExemption) in CRL.M.C. 2388/2018 & Crl.
2018:DHC:8459 Allowed, subject to all justexceptions.
ORDER
1. The petitioners, in CRL.M.C. 2388/2018 seek quashing of Criminal Complaint Case No. 514979 of 2018 and the summoning order dated 07.08.2015 summoning the petitioner to face charges under Sections 448/354/509/34 ofthe IPC and Petitioners in CRL.M.C. 2409/2018 seek quashing ofFIR No. 207 of2017 under Sections 323/354/354B/506/509/34 ofthe IPC Police Station Pahar Ganj, Delhi, based on asettlement. 2., The subject FIR emanates out ofafamily dispute. Respondent no. 2 IS the wife of the brother of petitioner no. 1in both the petitions. There were disputes between the parties with regard to distribution ofestate left behind by the late parents of the parties. Civil suit was also filed being CS(OS) No. 1999 of2013 vide judgment and decree dated 15.03.2018.
3. The parties have settled all their disputes including the disputes which form subject matter of the present FIRs between the parties. The parties consequent to the settlement have agreed to amicably settle and restore family peace and harmony. The parties have also agreed to quashing oftheabove referred complaint aswell asthe FIR.
4. Learned counsel for the parties submit that the respective obligations under the settlement terms which form part of the decree have been duly performed. They undertake that whatever further is required to be done they shall be doing in terms of the settlement. The undertakings are accepted.
5. Respondent no. 2is present in person in Court today, represented by her counsel and is identified by the Investigating Officer. She submits that CRL.M.C. 2388/2018 &2409/2018 Page 2 • •. • • -2- " she has settled all the disputes with the intervention of family members. She further submits that she does not wish to press the criminal complaint as well as the subject FIR against thepetitioners anyfurther.
6. In view of the fact that the disputes between the parties has 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 ofjustice being the ultimate guiding factor. It would also be expedient to quash the subject criminal complaint and the FIR and the consequent proceedings emanating therefrom.
7. In view ofthe above, the petitions are allowed. Criminal Complaint Case No. 514979 of 2018 and the summoning order dated 07.08.2015 summoning the petitioner to face charges under Sections 448/354/509/34 of the IPC and FIR No. 207 of 2017 under Sections323/354/354B/506/509/34 ofthe IPC Police Station Pahar Ganj, Delhi and the consequent proceedings emanating therefrom are, accordingly quashed, subject to the petitioners' depositing cost ofRs.25,000/- to be paid to the Delhi High Court Advocates Welfare Trust within two weeks. The receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of three weeks from today.
8. Order Dasti under signatures of the Court Master. SANJE(!^ SACHDEVA, J MAY 07, 2018 'rs'