Akhilesh Gautam & Ors. vs The State & Anr.
2018 Latest Caselaw 4550 Del

$~89
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 03.08.2018

+      CRL.M.C. 3905/2018
AKHILESH GAUTAM & ORS                                    ..... Petitioners

                           versus

THE STATE& ANR                                           ..... Respondents
Advocates who appeared in this case:

For the Petitioners :      Mr. Varun Kumar, Advocate .

For the Respondents:       Mr. Raghuvinder Verma, Addl. PP for
                           the State with SI Sanjay Kaushik, P.S. Sarai Rohilla

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                             JUDGMENT

03.08.2018

SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.29278/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 3905/2018

1. The petitioners seek quashing of FIR No. 134 of 2015 under Sections 498A/34 of the IPC, Police Station Sarai Rohilla, New Delhi, based on a settlement. It is contended that the FIR was lodged

consequent to a matrimonial discord.

2. Petitioner No.1 is the husband of respondent No.2. Petitioners No.2 and 3 are the parents of petitioner No.1.

3. Learned counsels for the parties submit that the parties have settled their disputes and reconciled their differences. Statement of parties qua the settlement was recorded before the Trial Court on 30.05.2018. Petitioner no. 1 and respondent no. 2/complainant have started residing together amicably as husband and wife.

4. Respondent no. 2 is present in court in person and is identified by the Investigating Officer. She confirms that she is living together with the petitioner No.1 happily and has no complaint against the petitioners. Respondent no. 2 further submits that she has settled the dispute with the petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any further.

5. In view of the fact that the disputes between the petitioners and respondent no. 2 emanate out of a matrimonial discord and 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 therefrom.

6. In view of the above, the petition is allowed. FIR No. 134 of 2015 under Sections 498A/34 of the IPC, Police Station Sarai Rohilla, 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 03, 2018 ns