AI Structured Summary
Not yet generated for this judgment
Judgment
SANJEEV SACHDEVA, J. (ORAL)
Petitioner seeks quashing of FIR No.558/2016 under Sections 354/509 IPC, Police Station Kotwali, based on the settlement. Â
The allegations in the FIR are that the petitioner, who is a tailor, had misbehaved with the complainant respondent No.2 when she had gone for
having her clothes stitched. Respondent Nos.3 and 4 are cited as witnesses to the said incident. Â
Learned counsel for the petitioner submits that the parties have settled their disputes. Settlement Deed dated 05.09.2018 has been executed. Â
The petitioner, who is present in Court in person, has expressed remorse at his conduct and has apologised to respondent No.2/complainant.Â
The respondent No.2 and 4 are present in Court in person and identified by the Investigating Officer. Respondent No. 3 is represented by
Respondent No. 4. Respondent No. 2 submits that she has settled her disputes with the petitioner and does not wish to prosecute the complaint against
the petitioner any further and has no objection to the quashing of the subject FIR.Â
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.
In view of the above, the petition is allowed. FIR No.558/2016 under Sections 354/509 IPC, Police Station Kotwali and the consequent proceedings
emanating there from are quashed, subject to the petitioner depositing costs of Rs.3,000/- 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.Â