Naveen & Ors. vs The State & Anr.
2018 Latest Caselaw 4838 Del

$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                    Judgment delivered on: 16.08.2018

+       CRL.M.C. 4138/2018
NAVEEN & ORS.                                             ..... Petitioners

                            versus

THE STATE & ANR.                                          ..... Respondents
Advocates who appeared in this case:
For the Petitioners :       Mr.D.D.Sharma and Mr.Digvijay, Advs.

For the Respondent:         Ms. Neelam Sharma, APP for the State with
                            SI Pratap Singh, PS Punjabi Bagh
                            Mr.Sheetanshu Shekhar, Adv. for R-2.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                JUDGMENT

16.08.2018

SANJEEV SACHDEVA, J. (ORAL) Crl. M.A. 30100/2018(Exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 4138/2018

1. The petitioners seek quashing of FIR No.384 of 2016 under Sections 498A/406/34 of the IPC, Police Station Punjabi Bagh, New Delhi, based on a settlement.

2. Subject FIR emanates out of a matrimonial discord.

3. Petitioners and respondent No.2 who appears in person submit that

they have settled their disputes before the Counselling Cell, Family Court, Tis Hazari, Delhi and Petitioner No.1 and respondent No.2 have started living together amicably as husband and wife.

4. The respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. She submits that she has amicably resolved the disputes with her husband and they are now cohabiting together. She submits that she does not wish to press charges against the petitioners and has no objection to the quashing of the subject FIR.

5. In view of the fact that the disputes between the parties have been settled and Petitioner No.1 and respondent No.2 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.384 of 2016 under Sections 498A/406/34 of the IPC, Police Station Punjabi Bagh, New Delhi and the consequent proceedings therefrom are, accordingly quashed.

7. Order Dasti under signature of the Court Master.

SANJEEV SACHDEVA, J AUGUST 16, 2018/rk