Rohtash & Ors. vs The State ( Nct Of Delhi) & Anr.
2018 Latest Caselaw 4842 Del

$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                   Judgment delivered on: 16.08.2018

+      CRL.M.C. 4126/2018
       ROHTASH & ORS                                    .... Petitioners
                           versus

       THE STATE ( NCT OF DELHI) & ANR                  ..... Respondents


Advocates who appeared in this case:
For the Petitioners :      Ms.Kavita Saini, Advocate.

For the Respondent:        Mr.Panna Lal Sharma, APP for the State.
                           SI Virender Kumar, P.S.K.N.Katju Marg.
                           Mr.Roshan Saini, Advocate for R-2.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

16.08.2018

SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.30055/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 4126/2018

1. Petitioners seek quashing of FIR No.69/2016 under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition Act, Police Station K.N.Katju Marg.

2. The subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioners submits that the parties have reconciled their disputes and are amicably residing together 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 proceedings emanate out of a matrimonial discord and the parties have fully and finally settled their disputes and have started living together and further the respondent No.2 has stated that she does not wish to press the complaint any further, 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.69/2016 under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition

Act, Police Station K.N.Katju Marg and the consequent proceedings emanating there from are quashed.

7. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J AUGUST 16, 2018 rk