Sudha Kapoor & ANR v. State Of ( Gnct Of ) Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2674/2018 SUDHAKAPOOR& ANR Petitioners Through Mr. Ritesh Khatri, Adv.

. versus STATE OF ( GNCT OF ) DELHI & ANR Respondents Through Mr. Akshai Malik, Addl. PP for the State with ASI Urmila Mr. Subhash Chand and Ms. Suman Sharma, Advsi. for R-1 & + CRL.M.C. 2911/2018 SUBODH KUMAR CHIBBER & ANR Petitioners Through Mr. Subhash Chand and Ms. Suman 1 Sharma, Advs. for P-1 & versus THE STATE & OTHERS Respondents Through Mr. C.M. Farooqui, Addl. PP for the State with ASI Urmila Mr. Ritesh Khatri, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

ORDER

% 28.05.2018 Crl. M.A. 10380/2018 (Early Hearing) in Crl. M.C. 2674/2018 CRL.M.C. 2674/2018 & 2911/2018 Pagei

By this application, the petitioner seeks advancing the date of hearing of 25.07.2018 on the ground that connected petition is listed today. For the reasons stated in the application, the application is allowed. The petition is taken up along with connected matter. The next date i.e. 25.07.2018 already fixed stands cancelled. CRL.M.C. 2674/2018 & CrI. M.C. 2911/2018 1.

The petitioners, in CRL.M.C. 2674/2018 seek quashing of FIR No. 288 of 2016 under Sections 342/506/34 of the IPC Police Station Greater Kailash, New Delhi and Petitioners in CRL.M.C. 2911 of 2018 seek quashing of FIR No. 243 of 2016 under Sections 354/379/506/34 of the IPC Police Station Greater Kailash, New Delhi, based on a settlement.

2.

The subject FIRs emanate out of matrimonial discord. FIRs are offshoot of matrimonial dispute between two of the parties. The parties have settled their disputes and the compromise deed dated 23.05.2018 has been executed. It is further contended on behalf of the ) parties that the parties have not only settled the present FIR but also other civil proceedings pending between the parties. All the dispute between the parties have been settled and the respective cases have been settled/withdrawn. Parties have also reconciled their disputes and are stated to be residing together.

3.

Both the parties are present in person in Court today, represented by their counsels and are identified by the Investigating Officer. They submit that they have settled their all disputes with the CRL.M.C. 2674/2018 & 2911/2018

intervention of locals and respectable people of the locality. They further submit that they do not wish to press the criminal complaints against each other any further.

4.

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.

5.

In view of the above, the petitions are allowed. FIR No. 288 of 2016 under Sections 342/506/34 of the IPC Police Station Greater Kailash, New Delhi and FIR No. 243 of 2016 under Sections 354/379/506/34 of the IPC Police Station Greater Kailash, New Delhi and the consequent proceedings emanating there from are, accordingly quashed.

6.

Order Dasti under signatures of the Court Master. -1'

SACHDEVA, J MAY 28, 2018 CRL.M.C. 2674/2018 & 2911/2018