Sajid Khan & ANR. v. State Govt. Of NCT Of Delhi & ANR.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4379/2018 & Crl.M.A. No.30934/2018 (for exemption) SAJID KHAN & ANR.

..... Petitioners Through Mr.Rahul Kumar, Adv. with petitioners in person.

versus STATE GOVT. OF NCT OF DELHI & ANR.

..... Respondents Through Ms.Manjeet Arya, APP for the State.

ASI Mangey Ram, PS Jafrabad.

Respondent no.2 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 14.11.2018 1.

By way of the present petition filed under Section 482 Cr.P.C., the petitioner seeks quashing of FIR No.288/2016 registered under Sections 354/354-B/509/323/34 IPC at Police Station Jafrabad, Delhi. 2.

Learned counsel for the petitioners submits that the petitioners and the respondent no.2 are closely related as the petitioner no.1 is the brother-in-law of respondent no.2 and petitioner no.2 is the nephew of the respondent no.2. He submits that due to property disputes between the parties, a complaint was lodged by the respondent no.2 against the petitioners, leading to the registration of the captioned FIR. However, with the intervention of family members, the parties have resolved all their disputes and have entered into a settlement

with each other. He, therefore, prays that the FIR and the consequential proceedings be quashed.

3.

The petitioners and respondent no.2 are present in Court and have been identified by the Investigating Officer. I have interacted with the respondent no.2 who submits that she has resolved her dispute with the petitioners out of her own free will and since the petitioners are her close relatives, she does not want the criminal proceedings to continue any longer as it would lead to further acrimony in her family life. She, therefore, prays that the captioned FIR and consequential proceedings be quashed. 4.

I have considered the submissions of the learned counsel for the parties and perused the records. Keeping in view the fact that the petitioners and the complainant are close relatives and there was admittedly a property dispute between the parties which now stands resolved, I am of the considered view that no useful purpose will be served in continuing with the criminal proceedings, especially in view of the statement made by the respondent no.2 that she does not want the criminal proceedings to continue as it would disturb her family life.

5.

For the aforesaid reasons, the petition is allowed and the captioned FIR and the proceedings emanating therefrom are quashed, subject to the petitioners paying a sum of Rs.10,000/- each as costs to the Delhi High Court Advocates Welfare Trust within four weeks. A copy of the receipt of deposit of costs will be handed over to the Investigating Officer for production before the learned Trial Court.

6.

The petition along with the pending application is disposed of in the above terms.

REKHA PALLI, J NOVEMBER 14, 2018/aa