Deepak Kumar & Anr. v. The State NCT of Delhi & Ors.

Delhi High Court · 31 Jul 2017 · 2017:DHC:4107
Vinod Goel
W.P. (Crl.) No. 1893/2017
2017:DHC:4107
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 354, 341, 323, 506, and 34 IPC following an amicable settlement between the parties and the complainants' withdrawal of prosecution.

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W.P. (Crl.) No. 1893/2017 HIGH COURT OF DELHI
CRL. M.C. 1893/2017 & Crl.M.A. 7741/2017
DEEPAK KUMAR & ANR ..... Petitioners
Through Mr.Ashish Sehrawat, Adv. with petitioners in person.
VERSUS
THE STATE NCT OF DELHI & ORS ..... Respondents
Through Mr.Amit Chadha, APP for State with SI Naveen, P.S. Sabzi Mandi.
Mr.Kapil Yadav, Adv. for R-2 & 3 along with respondent no.2 & 3 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL O R D E R 31.07.2017
JUDGMENT

1. The petitioners have invoked the writ jurisdiction of this court under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’) for quashing of the FIR bearing No. 248/2016, registered on 11.08.2016 with Police Station Subzi Mandi, Delhi, under Sections 354/341/323/506/34 IPC.

2. Status report filed in the court. Same is taken on record.

3. It is submitted that on 11th August, 2016 complainants/respondents No.2 and 3 being the counsel for opponents/Sarika, had appeared in the court of learned MM, Tis Hazari Courts, in a matrimonial dispute under Section 12 of the Protection of Women from Domestic Violence Act, 2005, titled as Sarika v. Deepak. When they were 2017:DHC:4107 W.P. (Crl.) No. 1893/2017 coming out of the court after adjournment of the matter, an altercation took place between the complainants and the petitioners. Resultantly, the said FIR was lodged with Police Station Subzi Mandi.

4. Both the respondents No.2 and 3 are present and are duly identified by IO SI Naveen.

5. The parties have amicably settled their disputes in terms of Settlement dated 5th May, 2017, which is placed on record.

6. Both the respondents No.2 and 3 submit that they do not want to pursue with the said FIR. They submit that the FIR may be quashed.

7. The matter has been amicably settled between the parties and no purpose would be served in further pursuing with the FIR bearing NO. 248/2016, registered on 11.08.2016 with Police Station Subzi Mandi, Delhi, under Sections 354/341/323/506/34 IPC. Hence, to secure ends of justice, the FIR bearing No. 248/2016, registered on 11.08.2016 with Police Station Subzi Mandi, Delhi, under Sections 354/341/323/506/34 IPC and proceedings arising out of the same are hereby quashed.

8. The petition is disposed of.

VINOD GOEL, J. JULY 31, 2017