Lt Col Ramandeep Singh vs The State & Anr.
2018 Latest Caselaw 4351 Del

$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                    Judgment delivered on: 27.07.2018

+      CRL.M.C. 3706/2018
       LT COL RAMANDEEP SINGH                         ..... Petitioner

                          versus

       THE STATE & ANR                                ..... Respondents


Advocates who appeared in this case:
For the Petitioner :      Mr. Krishan Kumar, Advocate with
                          petitioner in person.

For the Respondent:       Mr. Panna Lal Sharma, APP for State.
                          ASI Krishan Kumar, PS Delhi Cantt.
                          Mr. S.P. Nangia with Mr. R.C.S.
                          Bhadoria, Advocate for R-2.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                             JUDGMENT

27.07.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.28640/2018 (exemption)

Exemption is allowed subject to all just exceptions. CRL.M.C. 3706/2018

1. The petitioner seeks quashing of FIR No.70/2018, under

Section 325 IPC, Police Station Delhi Cantt.

2. The subject FIR emanates out of a quarrel which took place between the husband and the wife.

3. Learned counsel for the petitioner submits that the parties have resolved their disputes and the petitioner and the respondent No.2 are amicably residing together as husband and wife. A Memorandum of Understanding dated 13.07.2018 has been executed between the parties.

4. The respondent No.2 is present in person, represented by a 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 petitioner 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 the petitioner and the respondent No.2 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.70/2018, under Section 325 IPC, Police Station Delhi Cantt and the consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J JULY 27, 2018 st