Manoj & Anr vs State & Anr

SANJEEV SACHDEVA, J

Petitioners seek quashing of FIR No. 31/2017 under Sections 354/323/325/341/509/34 IPC, Police Station Okhla Indl. Area, based on a settlement.

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The allegations in the FIR are that the prosecutrix had gone to shop to purchase certain articles and the petitioners under influence of alcohol

misbehaved with her. Â

Learned counsel for the parties submits that parties have settled their disputes with the intervention of residents of the locality and petitioners have

apologised to the respondent No.2 and she has accepted the apology.

Parties are neighbours. The petitioners have expressed remorse and regretted their conduct and undertake that they shall not repeat the same in

future. The undertakings are accepted.

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

petitioners and does not wish to prosecute the complaint any further and has no objection to the quashing of the subject FIR.

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 there from.

In view of the above, the petition is allowed. FIR No.31/2017 under Sections 354/323/325/341/509/34 IPC, Police Station Okhla Indl. Area and the

consequent proceedings emanating there from are quashed, subject to the petitioners’ depositing a consolidated cost of Rs.10,000/- with the

“Chief Minister’s Distress Relief Fund (CMDRF), Keralaâ€, 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.

Order Dasti under the signatures of the Court Master.