Rajinder Aggarwal vs State (Nct Of Delhi) & Ors.
2018 Latest Caselaw 4086 Del

$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                Judgment delivered on: 18.07.2018
+      CRL.M.C. 755/2018

RAJINDER AGGARWAL                                            ..... Petitioner
                                 versus

STATE (NCT OF DELHI) & ORS                                ..... Respondents
Advocates who appeared in this case:
For the Petitioners :     Mr. Amarjeet Kumar, Advocate.

For the Respondents:      Mr. Sanjeev Sabharwal, APP for the State.
                          SI Davender, PS Dabri.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

18.07.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.2730/2018 (exemption)

Exemption is allowed subject to all just exceptions. CRL.M.C. 755/2018 & Crl.M.A.11904/2018 (for taking correct address of R-2 on record)

1. The petitioner seeks quashing of FIR No.421/2012 under Sections 498A/34 IPC, Police Station Dabri.

2. The subject FIR emanates out of matrimonial discord. Petitioner is father in law of the complainant/respondent No.2. The husband of the complainant has since expired.

3. Learned counsel for the petitioner submits that the parties have settled their disputes and a Memorandum of Understanding dated 08.02.2018 has been executed between the parties.

4. The respondent No.2 is present in person and is identified by the Investigating Officer. She submits that she has settled her disputes with the petitioner and does not wish to press charges against the petitioner and prosecute the complaint any further.

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 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 there from.

6. In view of the above, the petition is allowed. FIR No.421/2012 under Sections 498A/34 IPC, Police Station Dabri and the consequent proceedings emanating there from are quashed.

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

JULY 18, 2018/st                         SANJEEV SACHDEVA, J