Amiruddin & Ors. vs The State ( Govt. Of Nct Of Delhi) & ...
2018 Latest Caselaw 5400 Del

$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                 Judgment delivered on: 07.09.2018
+     CRL.M.C. 4527/2018
      AMIRUDDIN & ORS                               ..... Petitioners

                         versus

      THE STATE ( GOVT OF NCT OF DELHI) & ANR .
                                        ... Respondents
Advocates who appeared in this case:
For the Petitioner :    Mr. Harish Kumar with Mr. Kamal
                        Singh, Advocates.


For the Respondent   :   Mr. Raghuvender Verma, APP for the State with
                         ASI Sunder Prakash
                         Respondent No.2 in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                     JUDGMENT

07.09.2018

SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.31546/2018 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 4527/2018

1. The petitioners seek quashing of FIR No.517/2013 under Sections 498-A/406/494/506/34 IPC, Police Station Jagat Puri.

2. 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 No.4 is the brother-in-law of the respondent No.2. Petitioner No.5 is the wife of the brother-in-law of the respondent No.2.

3. Learned counsel for the petitioners submits that the parties have settled their disputes before the Counselling Cell, Family Court, Karkardooma on 13.02.2017. The parties have already been divorced in accordance with Muslim Law on 25.05.2018.

4. The 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.

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 the respondent No.2 has stated that she does not wish to press the complaint any further and the fact that parties have already been divorced in accordance with Muslim Law on 25.05.2018, 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.517/2013 under Sections 498-A/406/494/506/34 IPC, Police Station Jagat Puri and the consequent proceedings emanating there from are quashed.

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

SEPTEMEBER 07, 2018                    SANJEEV SACHDEVA, J
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