Suresh Mishra vs State & Anr

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.32673/2018 (exemption)

Exemption is allowed subject to all just exceptions. CRL.M.C. 4842/2018

Petitioner seeks quashing of FIR No.386/2016 under Sections 323/341/354/34 IPC, Police Station Patel Nagar, based on a settlement. Â

Parties are neighbours. It is alleged that on a trivial issue there was an altercation between the parties and the petitioner is alleged to have

misbehaved with the complainant.Â

Learned counsel for the petitioner informs that the co-accused was a juvenile and based on the settlement has been acquitted by the Juvenile

Justice Board.Â

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

Settlement Deed dated 20.08.2018 has been executed between the parties. Petitioner has apologised to the respondent No.2 and she has accepted

the apology.

Respondent No.2 is present in Court in person, represented by counsel and is identified by the Investigating Officer. She submits that she has

settled the disputes with the petitioner and does not wish to prosecute the complaint 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 there from.

In view of the above, the petition is allowed. FIR No.386/2016 under Sections 323/341/354/34 IPC, Police Station Patel Nagar and the consequent

proceedings emanating there from are quashed.Â

Order Dasti under the signatures of the Court Master.Â