Giresh@Giresh Kushwaha v. Satte (Govt. NCT Of Delhi)& ANR

$~73 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1946/2018 GIRESH@GIRESH KUSHWAHA ..... Petitioner Through:

Mr. A.K. Mishra with Mr.

Sudhir A., Advocates.

versus SATTE (GOVT. NCT OF DELHI)& ANR ..... Respondents Through:

Mr. Akshai Malik, APP for the State.

SI Danish, PS Dabri.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 17.04.2018 CRL.M.C. 1946/2018 1.

The petitioner seeks quashing of FIR No.1426/2015 under Sections 354A/323/341 IPC, Police Station Dabri, based on a Settlement.

2.

It is contended that the petitioner as well as the prosecutrix used to work in the same office when the subject incident is alleged to have happened.

3.

Learned counsel for the petitioner submits that the parties have entered into a settlement agreement dated 02.08.2017 through the process of mediation, held at Mediation Centre, Dwarka Courts, New Delhi.

CRL.M.C. 1946/2018

4.

Respondent No.2 is present in person and is identified by the Investigating Officer. She confirms that she has settled her disputes with the petitioner.

She further submits that she does not wish to press her complaint any further.

5.

In view of the fact that the parties have resolved their disputes and 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. 6.

In view of the above, the petition is allowed. FIR No.1426/2015 under Sections 354A/323/341 IPC, Police Station Dabri and the consequent proceedings emanating therefrom are accordingly quashed, subject to the petitioner depositing costs of Rs.10,000/- with 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 four weeks from today.

7.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J APRIL 17, 2018 st CRL.M.C. 1946/2018