Abhitesh Singh & Ors. vs State & Anr.
2018 Latest Caselaw 5396 Del

$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Judgment delivered on:07.09.2018

+     CRL.M.C. 4524/2018
      ABHITESH SINGH & ORS.                            ..... Petitioners
                          versus

      STATE & ANR.                                     ..... Respondents
Advocates who appeared in this case:
For the Petitioner :      Mr. Vijay Mehta, Advocate.

For the Respondent   :    Mr. Kamal Kumar Ghai, APP for the State.
                          SI Vikas Mudgal, PS Khyala.
                          Respondent No.2 in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                   JUDGMENT

07.09.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No.201/2015 under Sections 498A/406/34 IPC, Police Station Khyala.

2. Learned counsel for the petitioners prays for exemption from personal appearance of the petitioner No.4 - sister-in-law of the complainant on the ground that on account of personal problem she could not come to Delhi. She has filed her affidavit in support of the petition.

3. In view of the above, the petitioner No.4 is granted exemption from personal appearance.

4. The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2 and 3 are the father-in-law and mother-in-law of the respondent No.2. Petitioner Nos.4 & 5 are the sisters-in-law of the respondent No.2.

5. Learned counsel for the parties submits that the parties have resolved their disputes and are amicably residing together as husband and wife since 24.08.2016.

6. The respondent No.2 is present in person 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.

7. 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.

8. In view of the above, the petition is allowed. FIR No.201/2015 under Sections 498A/406/34 IPC, Police Station Khyala and the consequent proceedings emanating there from are quashed.

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

SEPTEMEBER 07, 2018                    SANJEEV SACHDEVA, J
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