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High CourtsSingle Bench(2018) 10 DEL CK 0145

Samara Khan vs State ( Govt Of NCT Of Delhi ) & Anr

Delhi High Court · Decided on 9 October 2018

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous CaseNo.5169 OF 2018
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Judgment

20 paragraphs · 327 words

SANJEEV SACHDEVA, J

Crl.M.A.33915/2018 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C 5169/2018

1.

Petitioner seeks quashing of FIR No.588/2012 initially registered under Sections 341/354/323/365/511 IPC, Police Station â€" Jamia Nagar.

2.

Learned counsel for the petitioner submits that after the charge sheet was filed, charge has been framed against the petitioner only under Section

345 IPC.

3.

Subject FIR was filed consequent to a complaint made by respondent no. 2 that the petitioner was harassing her for last two years. He was alleged

to have held her hand and tried to pull her on his bike.

4.

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

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

5.

In view of the fact that the parties have fully and finally settled their disputes and the respondent No.2 has stated that she does not wish to press the

complaint 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.

6.

In view of the above, the petition is allowed. FIR No.588/2012 registered under Sections 341/354/323/365/511 IPC, Police Station â€" Jamia Nagar

and the consequent proceedings emanating there from are quashed, subject to the petitioner depositing a consolidated cost of Rs.20,000/- 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.

7.

Order Dasti under the signatures of the Court Master.