Aliyash & ORS v. State & ORS

$~70 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2584/2018 ALIYASH & ORS ..... Petitioners Through :

Mr R.K.Singh and Kumari Beauty Singh, Advocates.

versus STATE & ORS ..... Respondents Through :

Ms Neelam Sharma, APP.

SI Devendra, PS Dabari.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 15.05.2018 Crl. M.A. 9178/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 2584/2018 1.

Petitioners seek quashing of FIR No.19/2014 under Sections 354A/509/506/34 IPC, Police Station Dabri, based on a Settlement. 2.

Learned counsel for the petitioners submits that the parties have settled their disputes and the petitioners have tendered apology to respondent No.2 for their conduct. Memorandum of Understanding dated 20.04.2018 has been executed between the parties. 3.

By way of settlement, a total sum of Rs.12,000/- was agreed to

be paid to respondent No.2 towards full and final settlement of all her claims.

A sum of Rs.9,000/- has already been paid and balance amount of Rs.3,000/- has been paid today in cash, which is accepted by respondent No.2.

4.

Respondent No.2 is present in Court in person, is also represented by counsel and identified by the Investigating Officer. She confirms that the petitioners have apologized to her and she has accepted the apology and further submits that she does not wish to press her complaint any further.

5.

The petitioners are also present in Court in person, express remorse and regretted for their conduct.

6.

Keeping in view the nature of the allegation and the fact that the petitioners have tendered apology to respondent No.2 and expressed remorse and regretted for their conduct, and Memorandum of Understanding dated 20.04.2018 has been executed between the parties and further respondent No.2 does not wish to press her complaint against the petitioner any further, 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.

7.

Accordingly, FIR No.19/2014 under Sections 354A/509/506/34 IPC, Police Station Dabri, and the consequent proceedings emanating

therefrom are hereby quashed, subject to the petitioners depositing costs of Rs.10,000/- in total, which shall be paid to the "Delhi High Court Advocates Welfare Trust", 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.

8.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J MAY 15, 2018 'Sn'