Sunny Chauhan & Ors vs State (Nct Of Delhi) & Anr
2018 Latest Caselaw 5998 Del

$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Judgment delivered on:03.10.2018

+     CRL.M.C. 5038/2018
      SUNNY CHAUHAN & ORS                             ..... Petitioners

                          versus

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

For the Respondents :     Mr. Raghuvinder Verma, APP for the State.
                          SI Rajender Singh, PS Geeta Colony.
                          Mr. Devi Singh, Advocate for respondent No.2
                          with respondent No.2 in person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                   JUDGMENT

03.10.2018

SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.33402/2018 (exemption) Exemption is allowed subject to all just exceptions.

CRL.M.C. 5038/2018

1. Petitioners seek quashing of FIR No.838/2014, under Sections 498A/406/34 IPC, Police Station Geeta Colony.

2. It is contended that petitioner No.1 is the husband of the respondent No.2. Petitioner Nos.2 and 3 are the father-in-law and mother-in-law of the respondent No.2. Petitioner No.4 is the brother- in-law of the respondent No.2. The subject FIR was lodged consequent to a matrimonial discord.

3. Learned counsel for the petitioners submits that the parties have resolved their disputes and the petitioner No.1 and the respondent No.2 have started residing together as husband and wife since 21.09.2015.

4. Parties are present in Court in person. They submit that they have reconciled their disputes and after they have started living together, another child has been born.

5. 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 petitioner and has no objection to the quashing of the subject FIR.

6. 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.

7. In view of the above, the petition is allowed. FIR No.838/2014, under Sections 498A/406/34 IPC, Police Station Geeta Colony and the consequent proceedings emanating there from are quashed.

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

OCTOBER 03, 2018                       SANJEEV SACHDEVA, J
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