Sh. Tejbir Singh & Ors. vs State & Anr.
2018 Latest Caselaw 6199 Del

$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                   Judgment delivered on: 10.10.2018
+      CRL.M.C. 5192/2018
       SH. TEJBIR SINGH & ORS.                        ..... Petitioners

                           versus

       STATE & ANR.                                   ..... Respondents

Advocates who appeared in this case:
For the Petitioners   :    Mr. Mahesh Verma, Advocate.
.

For the Respondents :      Mr. Kamal Kumar Ghai, APP for the
                           State.
                           SI Azad Singh, PS Ranhola.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                   JUDGMENT

10.10.2018 SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.33980/2018 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 5192/2018

1. Petitioners seek quashing of FIR No.804/2015 under Sections 498A/406/34 IPC, Police Station Ranhola.

2. 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 Nos.3 and 4 are the brother-in-law of the respondent No.2. Petitioner No.5 is the sister-in- law of the respondent No.2.

3. Learned counsel for the petitioners submits that parties have settled their disputes and a Settlement Deed dated 21.01.2017 has been executed between the parties. Parties have already been divorced by way of a decree of divorce by mutual consent, passed on 14.11.2017.

4. As per the settlement, custody of the minor child is to remain with the respondent No.2. Petitioners, who are present in Court in person, undertake that they shall not claim any rights contrary to the settlement terms. The undertaking is accepted.

5. 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.

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 already been divorced by way of a decree of divorce by mutual

consent, passed on 14.11.2017, 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.804/2015 under Sections 498A/406/34 IPC, Police Station Ranhola and the consequent proceedings emanating there from are quashed.

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

OCTOBER 10, 2018                          SANJEEV SACHDEVA, J
st