Dharamjeet Singh & Ors. vs The State ( Nct Of Delhi) & Anr.
2018 Latest Caselaw 4207 Del

$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                   Judgment delivered on: 23.07.2018

+      CRL.M.C. 3616/2018
DHARAMJEET SINGH & ORS                                   ..... Petitioners

                           versus

THE STATE ( NCT OF DELHI) & ANR                         ..... Respondents
Advocates who appeared in this case:
For the Petitioners :      Mr.Pranay Kumar, Adv.

For the Respondent:        Mr. Sanjeev Sabharwal, Addl. PP for the State with
                           ASI Hawa Singh, P.S. Nihal Vihar
                           Mr. S.N. Thakur, Adv. for R-2

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

23.07.2018

SANJEEV SACHDEVA, J. (ORAL) Crl. M.A. 28291/2018(Exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 3616/2018

1. The petitioners seek quashing of FIR No.1094 of 2015 under Sections 498A/406/34 of the IPC at Police Station Nihal Vihar, New Delhi, based on a settlement. It is contended that the FIR was lodged consequent to a matrimonial discord.

2. The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2. petitioner No.2 is the mother-in-law of the respondent No.2. Petitioner No.3 is the brother-in-law of the respondent No.2.

3. Petitioner No.1 and respondent No.2 who appears in person submit that they have settled their disputes and they have started living together amicably as husband and wife since 25.04.2018. One child has also been born out of the wedlock. Respondent No.2 further submits that she has settled all her disputes with her husband and does not wish to prosecute the complaint either against her husband or against her mother-in-law and brother-in-law who are petitioner Nos.2 and 3 respectively. She submits that in view of the fact that she has settled with her husband and wants to restore the family ties and wants that the FIR be quashed.

4. The respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer.

5. In view of the fact that the disputes between the petitioner No.1 and respondent No.2 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

there from.

6. In view of the above, the petition is allowed. FIR No.1094 of 2015 under Sections 498A/406/34 of the IPC at Police Station Nihal Vihar, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 23, 2018 ns