Suraj vs The State & Anr.
2018 Latest Caselaw 6361 Del

$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                     Judgment delivered on:16.10.2018

+      CRL.M.C. 4777/2018
       SURAJ                                                ..... Petitioner
                             versus

       THE STATE & ANR.                                     ..... Respondents
Advocates who appeared in this case:
For the Petitioner :         Ms. Ridhi, Advocate.

For the Respondent    :      Mr. Sanjeev Sabharwal, APP for the State.
                             SI Ved Pal Sharma, PS Mangol Puri.
                             Ms. Nazia Q., Advocate for complainant
                             with complainant in person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                     JUDGMENT

16.10.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No.1106/2014, under Sections 498A/406/34 IPC and Sections 3/4 Dowry Prohibition Act, Police Station Mangol Puri, based on a settlement.

2. Petitioner is the husband of the respondent No.2. Subject FIR was lodged consequent to a matrimonial discord.

3. Learned counsel for the petitioner submits that parties have resolved their disputes and a Settlement Agreement dated 20.07.2018 has been executed between the parties. They are amicably residing together as

husband and wife since May, 2018.

4. 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.

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 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.1106/2014, under Sections 498A/406/34 IPC and Sections 3/4 Dowry Prohibition Act, Police Station Mangol Puri and the consequent proceedings emanating there from are quashed.

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

OCTOBER 16, 2018/ st                         SANJEEV SACHDEVA, J