Mohd. Arif vs State & Anr.
2018 Latest Caselaw 3915 Del

$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                               Judgment delivered on: 12.07.2018
+      CRL.M.C. 3063/2018
MOHD. ARIF                                                  ..... Petitioner
                           versus

STATE & ANR                                            ..... Respondents
Advocates who appeared in this case:
For the Petitioner :     Ms. Padma Priya with Mr. Anchit
                         Bhandari, Advocates.

For the Respondent:      Mr. Kamal Kr. Ghai, Addl. PP for
                         the State with IO
                         Respondent No. 2 to 6 in person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                            JUDGMENT

12.07.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No. 257 of 2015 under Sections 498A/406/34 of the IPC read with Section 4 of the Dowry Prohibition Act at Police Station Welcome Colony, Delhi, based on a settlement. It is contended that the FIR was lodged consequent to a matrimonial discord.

2. Apart from the petitioner, respondent no. 3 to 6 are also co- accused. Respondent no. 3 is father of the petitioner-husband,

respondent no. 4 is the mother of the petitioner, respondent no. 5 is brother of the petitioner and respondent no. 6 is the sister of the petitioner-husband.

3. Learned counsel for the petitioner and respondent No. 2 submit that the parties have settled their disputes before Delhi Mediation Centre at Karkardooma, Delhi on 12.01.2018. As per the settlement, respondent no. 2 has started living with the petitioner at her matrimonial home.

4. Respondent no. 2 who is present in court in person and is identified by the Investigating Officer, submits that since she has settled the dispute with her husband-petitioner and is living with him, she does not wish to press the criminal charges against the petitioner or her in-laws also any further. Respondents no. 3 to 6 are also present in person in Court. They pray that the subject FIR be also quashed qua them.

5. In view of the fact that the disputes between the petitioner, Respondents no. 3 to 6 and respondent no. 2 emanate out of a matrimonial discord and have been settled, 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. 257 of 2015 under Sections 498A/406/34 of the IPC read with Section 4 of the Dowry Prohibition Act at Police Station Welcome Colony, Delhi and the consequent proceedings therefrom are, accordingly quashed as against the petitioner and Respondents no. 3 to 6.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 12, 2018 'rs'