Avinash Kumar Singh v. The State & ANR

$~71 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 606/2018 AVINASH KUMAR SINGH ..... Petitioner Through Mr. Tushar Sinha with Mr. Abhishek Pandey, Advocates.

versus THE STATE & ANR ..... Respondent Through Mr. Arun Kumar Sharma, APP for State.

SI D.V. Singh, PS Kalkaji

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 05.02.2018 Crl.M.A.2205/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 606/2018 1.

The petitioner seeks quashing of FIR No.396/2015 under Section 354D IPC, Police Station Kalkaji based on a settlement. 2.

Learned counsel for the petitioners submits that the parties have entered into a settlement agreement dated 13.04.2017 through the process of mediation, held at Mediation Centre, Saket Courts, Delhi. The parties have settled their disputes through the intervention of senior members of the family.

3.

Respondent No.2 is present in Court in person and is identified by the Investigating Officer. She submits that she has settled her disputes with the petitioner. She further submits that she does not wish to press the criminal complaints against the petitioner any further. CRL.M.C. 606/2018

4.

In view of the fact that the parties have settled their dispute and the respondent No.2 does not wish to prosecute the complaint, 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 be expedient to quash the subject FIR and the consequent proceedings emanating there from.

5.

In view of the above, the petition is allowed. FIR No.396/2015 under Section 354D IPC, Police Station Kalkaji and the consequent proceedings emanating there from are accordingly quashed. 6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 05, 2018 st CRL.M.C. 606/2018