Amit Kaushik v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 916/2018 AMIT KAUSHIK ..... Petitioner Through:

Ms.Neetu Matella and Mr. Keshav V.

Hedge, Advs.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Akshai Malik, Addl. PP for the State with SI Durgadas Ms. Seema Saini, R-2 in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 03.04.2018 1.

The petitioner seeks quashing of FIR No. 26 of 2014 under Sections 354D/506/509 of the IPC Police Station Saket, New Delhi, based on a settlement.

2.

The subject FIR was registered consequent to an altercation that took place between the parties outside the court premises when the complainant was going for attending a case pending between petitioner and the family of the complainant. Learned counsel for the petitioner submits that the parties have settled the disputes.

3.

Respondent no. 2 is present in person in Court today. She submits that she has settled with the petitioner. However, she does not accept the contention made in the petition that the FIR was a counter-blast to the court cases which are pending between the petitioner and the family of the respondent no. 2. She submits that in case the petitioner withdraw the CRL.M.C. 916/2018

allegations with regard to the said FIR being motivated or actuated on account of the other proceedings, she has no objection to quashing of the subject FIR and the consequent proceedings emanating therefrom as they have settled the disputes among themselves.

4.

Learned counsel for the petitioner under instructions from the petitioner undertakes that they unconditionally withdraw all the allegations made in the petition regarding the subject FIR being a counter-blast or actuated on account of pending cases.

5.

Respondent no. 2 submits that in view of unconditional withdrawal of the allegations, as noticed above, she has no objection if the subject FIR is quashed and she does not wish to press the complaint against the petitioner any further.

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 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 of the above, the petition is allowed. FIR No. 26 of 2014 under Sections 354D/506/509 of the IPC Police Station Saket, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed.

8.

Order Dasti under signatures of the Court Master. APRIL 03, 2018/'rs'

SANJEEV SACHDEVA, J CRL.M.C. 916/2018