Davinder Kumar & Ors vs The State & Anr. (Govt.Of Nct Of ...
2018 Latest Caselaw 6037 Del

$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                    Judgment delivered on:04.10.2018

+      CRL.M.C. 5065/2018
DAVINDER KUMAR & ORS                                      ..... Petitioners
                            versus
THE STATE & ANR                                           ..... Respondents

Advocates who appeared in this case:

For the Petitioners     :   Mr. Basant Kr. Gautam and Mr. Siddhartha Narwal,
                            Advocates.

For the Respondents :       Mr. Kamal Kr. Ghai, APP for State with
                            SI Praveen Kumar, PS Mandawali.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                   JUDGMENT

04.10.2018 SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.33498/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 5065/2018

1. The petitioners seek quashing of FIR No. 1230 of 2014 under Sections 498A/406/34 IPC registered at Police Station Mandawali, Delhi, based on a settlement.

2. Subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2 to 6 are the other family members of the petitioner no. 1.

3. Learned counsel for the petitioners submits that the Petitioner no. 1 and respondent no. 2 have settled their disputes and they have started residing together amicably. Settlement dated 27.05.2017 has been executed before Counselling Cell, Rohini Courts, Delhi.

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 petitioners and does not wish to press charges against the petitioners and prosecute the complaint any further.

5. Further, both parties undertake that they shall abide by the settlement terms. The undertaking is accepted

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 the respondent No.2 has stated that she does not wish to press the complaint any further and the fact that the parties have started residing together amicably and happily, 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. 1230 of 2014 under Sections 498A/406/34 IPC registered at Police Station Mandawali, Delhi and the consequent proceedings emanating there from are quashed.

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

OCTOBER 04, 2018                       SANJEEV SACHDEVA, J
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