ANAND KUMAR & ANR vs STATE & ORS

Crl.M.A. 29/2018 (exemption)

Exemption is allowed subject to all just exception.

CRL.M.C. 11/2018

The petitioner seeks quashing of FIR No.707/2016 354/354(B)/323/506/341/34 IPC, Police Station Dabri and the consequent proceedings arising therefrom. It is contended that the complaint emanated out of an incident which is alleged to have happened on the spur of the moment because of a minor road accident. Cross-complaints were lodged by the petitioner as well as the respondent Nos.2 to 4. The complaint lodged by the petitioner against the respondent Nos.2 to 4 has already been compounded.

It is contended that a settlement has taken place between the petitioner and the respondent Nos.2 to 4, whereby, the respondent Nos.2 to 4 have agreed to settle the disputes with the petitioner and not to press the FIR No.707/2016 354/354(B)/323/506/341/34 IPC, Police Station Dabri and prosecute the same further.

The respondent Nos.2 to 4 are present in Court and are also represented through counsel. They are identified by the IO. They submit that they have settled their disputes with the petitioner and they do not wish to prosecute the FIR any further and have no objection to the quashing of the FIR and the consequent proceedings arising therefrom.

In view of the fact that the incident, consequent to which the subject FIR was registered, is alleged to have emanated out of a minor scuffle consequent to a minor road accident and further, in view of the fact that the respondents 2 to 4 have agreed to settle the disputes with the petitioner and not press charges against the petitioner, I am of the view that no purpose would be served in continuing with the proceedings and ends of justice would be served in quashing the FIR and the consequent proceedings.

In view of the above, the petition is allowed. The FIR No.707/2016 354/354(B)/323/506/341/34 IPC, Police Station Dabri and the consequent proceedings therefrom are, accordingly, quashed.

Order Dasti under the signatures of the Court Master.