Narender Sayal & Ors. vs State & Ors.
2018 Latest Caselaw 4475 Del

$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                 Judgment delivered on: 01.08.2018

+      CRL.M.C. 3831/2018
NARENDER SAYAL & ORS                                 ..... Petitioners

                         versus

STATE & ORS                                          ..... Respondents
Advocates who appeared in this case:
For the Petitioners :    Ms. Nimmi Sharma, Adv.

For the Respondent:      Mr. Kamal Kumar Ghai, Addl. PP for the State with
                         SI Bijender Singh, P.S. Madhu Vihar
                         Ms. Manju Dutt, Adv. for R-2

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                            JUDGMENT

01.08.2018

SANJEEV SACHDEVA, J. (ORAL) CRL.M.C. 3831/2018

1. The petitioners seek quashing of FIR No.449 of 2016 under Sections 498A/406/34 of the IPC at Police Station Madhu Vihar, New Delhi, based on a settlement.

2. The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner No.2 is the father-in-law and petitioner No.3 is the mother-in-law of the

respondent No.2. Petitioner No.4 is the sister-in-law of the respondent No.2.

3. The respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer.

4. Petitioner No.1 and respondent No.2 who appear in person submit that they have settled their disputes and they have started living together amicably as husband and wife since March, 2017. Even a child has been born thereafter. Respondent No.2 further submits that she has settled all her disputes with her husband and his family and does not wish to prosecute the complaint either against her husband or against her father-in-law, mother-in-law and sister-in-law who are petitioner Nos.2, 3 and 4 respectively. She submits that in view of the fact that she has settled with her husband, she wants to restore the family ties and wants that the FIR be quashed.

5. In view of the fact that the disputes between the petitioner No.1 and respondent No.2 have been settled and they have started living together, 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.

6. In view of the above, the petition is allowed. FIR No.449 of 2016 under Sections 498A/406/34 of the IPC at Police Station Madhu Vihar, New Delhi and the consequent proceedings emanating there from are accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J AUGUST 01, 2018 ns