Saddam Hussain v. State & ANR
$~41 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1438/2018 SADDAM HUSSAIN ..... Petitioner Through :
Mr Mahjabee Tanweer with Ms Kanishka Prasad and Mr Raghav Kakkar, Advocates.
versus STATE & ANR ..... Respondent Through :
Mr Arun Kumar Sharma, Addl. PP for the State.
SI Subhash Chand, PS Lajpat Nagar.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
O R D E R
% 21.03.2018 Crl. M.A. 5234/2018(exemption) Allowed, subject to all just exceptions.
CRL.M.C. 1438/2018 1.
Petitioner seeks quashing of FIR No.765/2015 under Sections 354D/509 IPC, Police Station Lajpat Nagar, based on a settlement. 2.
Respondent No.2 is present in Court in person, is identified by the Investigating Officer. She confirms that the settlement has taken place and she does not wish to press her complaint any further. She has also filed an affidavit confirming that the settlement has taken place with petitioner and CRL.M.C.1438/2018
now she has no differences against the petitioner and she does not want to prosecute the complaint any further.
3.
In view of the above and keeping in view of the fact that the parties have resolved their dispute through a Settlement and the complainant has filed an affidavit confirming the Settlement, which has been executed between the parties and further respondent No. 2 does not wish to press her 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 therefrom. 4.
Accordingly, FIR No.765/2015 under Sections 354-D/509 IPC, Police Station Lajpat Nagar and the consequent proceedings emanating therefrom are hereby quashed, subject to the petitioner depositing costs of Rs.5,000/-, which shall be paid to the "Prisoners Welfare Fund, Jail No. 13, Mandoli", Mangal Pandey Marg, Harsh Vihar, Village Mandoli, Delhi, within a period of two weeks from today. Receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of three weeks from today.
5.
Order Dasti under signatures of Court Master. MARCH 21, 2018/'Sn'
SANJEEV SACHDEVA, J CRL.M.C.1438/2018