Delhi High Court - Orders
Ashok Kumar & Anr vs State & Anr on 9 November, 2022
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4337/2019 & CRL.M.A. 34769/2019
ASHOK KUMAR & ANR. ..... Petitioners
Through: Mr. Harender Pal Singh, Advocate.
versus
STATE & ANR. ..... Respondents
Through: Mr. Hemant Mehla, APP for State/R1
with SI Naresh Kumar, P.S. Dabri and
Insp. Bikramjeet, P.S. Chhawla.
CORAM:
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 09.11.2022
1. The present petition is filed under section 482 Cr.P.C. for quashing of FIR bearing No. 0181/2015 registered under sections 354B/356/379/34 IPC at P.S. Dabri.
2. The respondent no. 2 filed a complaint under section 156(3) Cr.P.C. and the Court of Ms. Neha, Metropolitan Magistrate, Dwarka Courts has directed to register the FIR on the basis of complaint made by the respondent no. 2. Accordingly, FIR bearing No. 0181/2015 was got registered under sections 354B/356/379/34 IPC at P.S. Dabri and after conclusion of investigation, the charge-sheet was filed under sections 354B/506/34 IPC and at present, the trial is stated to be pending in the Court of Ms. Swayam Snigdha Tripathi, MM(Mahila Court), South-West, Dwarka Courts.
3. The counsel for the petitioners stated that the petitioners and the Signature Not Verified Digitally Signed By:JITENDRA Signing Date:16.11.2022 11:29:16 respondent no. 2 due to the intervention of the respectable persons of the society have settled their disputes amicably whereby the respondent no. 2 has agreed not to pursue with the consequential trial arising out of the present FIR. It is further stated that the petitioners and the respondent no. 2 are residing in the same locality and are neighbours. In these circumstances, the counsel for the petitioners stated that the present petition be allowed and FIR bearing No. 0181/2015 be quashed alongwith consequential judicial proceedings.
4. The respondent no. 2 stated that she has settled with the petitioners out of her own free will without any force, fear and coercion and she does not have any objection if the present petition is allowed and FIR bearing No. 0181/2015 is quashed alongwith consequential judicial proceedings.
5. The Additional Public Prosecutor for the State/respondent no. 1 stated that under the given facts and circumstances of the case, he does not have any objection if the present petition is allowed and FIR bearing No. 0181/2015 is quashed alongwith consequential judicial proceedings.
6. The petitioners and the respondent no. 2 are residing in the same locality and they are immediate neighbours. The perusal of FIR also reflects that it was got registered due to the minor scuffle between them. The petitioners and the respondent no. 2 have settled their pending disputes due to the intervention of respectable persons of the society. The respondent no.2 has voluntarily agreed not to pursue with the trial arising out of FIR bearing No. 0181/2015. The petitioner has also undertaken not to interfere in the life of the respondent no. 2 either personally or through social media. No useful purpose shall be served if the trial arising out of FIR bearing No. 0181/2015 is allowed to be continued and it would be an exercise in futility.
Signature Not Verified Digitally Signed By:JITENDRA Signing Date:16.11.2022 11:29:167. After considering all facts and in the interest of parties, the present petition is allowed and FIR bearing No. 0181/2015 registered under sections 354B/356/379/34 IPC alongwith consequential including judicial proceedings under sections 354B/506/34 IPC stated to be pending in the Court of Ms. Swayam Snigdha Tripathi, MM (Mahila Court), South-West, Dwarka Courts/Successor Court is quashed.
8. The present petition alongwith pending applications, if any, stands disposed of.
SUDHIR KUMAR JAIN, J NOVEMBER 9, 2022 N/M Signature Not Verified Digitally Signed By:JITENDRA Signing Date:16.11.2022 11:29:16