Manoj Kumar & Ors vs The State & Anr
2018 Latest Caselaw 6126 Del

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

%                                 Judgment delivered on:08.10.2018

+     CRL.M.C. 5117/2018
MANOJ KUMAR & ORS                                          ..... Petitioners
                               versus

THE STATE & ANR                                        ..... Respondents
Advocates who appeared in this case:
For the Petitioners :     Mr. Dinesh Kumar and Mr. Surinder
                          Kumar, Advocates along with petitioners in person

For the Respondents :      Mr. Hirien Sharma, APP for State with
                           SI Ved Pal Sharma, PS Mangol Puri
                           Ms. Madhvi Gautam and Mr. Nitesh Khatri, Advs.
                           for R-2 along with R-2 in person

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                              JUDGMENT

08.10.2018 SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.33721/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 5117/2018

1. Petitioners seek quashing of FIR No. 988/2016, under Sections 498A/406/34 IPC, Police Station Mangol Puri, based on a settlement.

2. It is contended that petitioner no.1 is the husband of the

respondent No.2. The subject FIR was lodged consequent to a matrimonial discord.

3. Learned counsel for the petitioners submit that the petitioner no.1 and respondent no. 2 have resolved their disputes and are amicably residing together as husband and wife since 16.02.2017. Settlement agreement dated 30.07.2018 has also been executed between the parties.

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

5. Respondent No.2 is present in person, represented by counsel and 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 petitioners 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 petitioner no. 1 and 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.

7. In view of the above, the petition is allowed. FIR No. 988/2016, under Sections 498A/406/34 IPC, Police Station Mangol Puri and the consequent proceedings emanating there from are quashed.

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

OCTOBER 08, 2018                       SANJEEV SACHDEVA, J
NR