Sachin Kumar & ORS v. State (Govt Of NCT Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1199/2018 SACHIN KUMAR & ORS ..... Petitioner Through:

Mr. Shekhar Bhambri, Advocate.

versus STATE (GOVT OF NCT DELHI) & ORS ..... Respondent Through:

Ms. Anita Abraham, APP for State.

Mr. Nitish Kumar, proxy counsel for Mr. G.S. Sandhu Advocate for Respondent Nos. 2 to 5.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 08.03.2018 1.

The petitioner seek quashing of the FIR No. 124/2012, under Sections 325/354/506/34 IPC, Police Station- P.S. K.N. Katju Marg, New Delhi, based on a settlement.

2.

The dispute emanate out of a matrimonial discord. Wife of respondent No.2 who is the brother of petitioner No.2 made allegations against the petitioners. During the pendency of trial, the complainant i.e. wife of respondent No. 2 and mother of respondent Nos. 3 to 5 expired on 28th February, 2015. Death certificate has been placed on record. The parties i.e. the legal heirs of the Respondent No. 2 and the petitioners have settled their disputes. 3.

Respondent no. 2 is present in person, represented by counsel CRL.M.C. 1199/2018

and is identified by the Investigating Officer. Respondent No.2 submits that parties have settled their disputes and he does not wish to press the present complaint against the petitioners any further with a view to restore family peace and harmony.

4.

In view of the fact that the disputes between the parties have 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 FIR and the consequent proceedings emanating therefrom.

5.

In view of the above, the petition is allowed. FIR No.

124/2012, under Sections 325/354/506/34 IPC, P.S. K.N. Katju Marg, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed. The petition stands disposed of accordingly.

6. Order Dasti under the signatures of Court Master. SANJEEV SACHDEVA, J MARCH 08, 2018 'p'

CRL.M.C. 1199/2018