Abhineet Jain & Ors. vs State (Nct Of Delhi) & Anr.
2018 Latest Caselaw 5326 Del

$~54

* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Judgment delivered on: 05.09.2018

+      W.P.(CRL) 2638/2018

ABHINEET JAIN & ORS.                                   ..... Petitioners

                          versus
STATE (NCT OF DELHI) & ANR.                            ..... Respondents
Advocates who appeared in this case:
For the Petitioner    :   Mr. K.V.S. Gupta & Mr. N.K. Bhambri, Advs.

For the Respondent    :   Mr. Rajesh Mahajan, ASC with Ms. Jyoti Babbar
                          with SI Jasmer Singh
                          Mr. Kapil Kumar, Adv for R-2

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                            JUDGMENT

05.09.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No. 442 of 2017 under Sections 498A/406/34 IPC registered at Police Station Jahangir Puri, Delhi, based on a settlement.

2. The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner No.2 and 4 are the other family members of petitioner no. 1.

3. Learned counsel for the petitioners submits that the parties have settled their disputes before the Counselling Cell, Family Court, Rohini on 21.07.2018.

4. As per the settlement, parties have reconciled the disputes and Petitioner No.1 and respondent No.2 have started living together amicably as husband and wife.

5. The 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 petitioners and has no objection to the quashing of the subject FIR.

6. In view of the fact that the disputes between the parties have been settled and Petitioner No.1 and respondent No.2 have started living together, 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. 442 of 2017 under Sections 498A/406/34 IPC registered at Police Station

Jahangir Puri, Delhi and the consequent proceedings emanating there from are quashed.

8. The writ petition is disposed of in the above terms.

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

SANJEEV SACHDEVA, J SEPTEMBER 05, 2018 'rs'