Deepak Arora vs Sharda Arora
2018 Latest Caselaw 6601 Del

$~33

* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                   Judgment delivered on:31.10.2018

+      CRL.M.C. 4628/2017 & Crl. M.A. 18432/2017
DEEPAK ARORA                                           ..... Petitioner
                           versus

SHARDA ARORA                                           ..... Respondent
Advocates who appeared in this case:
For the Petitioner :      Ms. Prema Priyadarshini, Advocate with petitioner
                          in person.

For the Respondent   :     Mr. Rajinder Singh and Mr. Virinda Arora, Advs.
                           with complainant in person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

31.10.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of Complaint Case No. 461/1/15 under Sections 12/18/19/20/22/23 of Protection of Women From Domestic Violence Act, 2005, Police Station Vikas Puri.

2. Subject dispute emanates out of to a matrimonial discord between the parties. Petitioner is the husband and the Respondent is the wife.

3. Learned counsel for the parties submit that the parties attempted

mediation for settlement, however, the mediation was not successful. Thereafter, with the intervention of learned counsel for the parties, parties have arrived at an amicable settlement. Affidavits have been filed by both petitioner as well as respondent, wherein they have stated that they have settled their disputes and have started residing together as husband - wife since September, 2018.

4. Parties submit that they have reunited and are happy and there is no cause of concern for either of the parties. They submit that as they have settled the disputes, they are not interested in pursuing any litigation against each other.

5. Respondent No.2 is present in person and represented by her counsel. She submits that she has amicably resolved the disputes with her husband and they are now cohabiting together with their children. She submits that she does not wish to pursue her complaint against the petitioner and has no objection to the quashing of the subject complaint.

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 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 complaint and the consequent proceedings emanating therefrom.

7. In view of the above, the petition is allowed. Complaint Case No. 461/1/15 under Sections 12/18/19/20/22/23 of Protection of Women Rrom Domestic Violence Act, 2005, Police Station Vikas Puri and the consequent proceedings emanating there from are quashed.

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

OCTOBER 31, 2018                         SANJEEV SACHDEVA, J
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