Dilawar Khan vs State (Nct Of Delhi) & Anr.
2018 Latest Caselaw 5571 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Judgment delivered on:13.09.2018

+      CRL.M.C. 431/2018
DILAWAR KHAN                                         ..... Petitioner
                         versus

STATE (NCT OF DELHI) & ANR.                          ..... Respondents
Advocates who appeared in this case:
For the Petitioner   :   Mr. Ajay Paul, Adv. with Mr.Ravi Kant, Adv.

For the Respondent   :   Mr.Kamal Kumar Ghai, APP.
                         SI Sandeep, PS Begumpur.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                   JUDGMENT

13.09.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks quashing of FIR No.832/2015 under Section 307 of the Indian Penal Code (IPC for short) registered at Police Station Bugum Pur.

2. The complainant is the wife of the petitioner accused. The allegations in the FIR is that the accused had attempted to strangulate her as he wanted to leave her and her children and contract a second marriage.

3. Parties have reconciled their disputes.

4. Learned counsel for the petitioner submits that in the MLC, doctor has opined the nature of injury to be simple.

5. Respondent no.2 complainant is present in person, represented through his counsel and identified by the Investigating Officer and submits that she has settled her disputes with the petitioner and she along with her two minor children are living with the petitioner since January 2018. She submits that she has no complaint with regard to the behaviour of the petitioner any more. She submits that she has settled with the petitioner and wants to resume her cordial happy family life.

6. Petitioner who is present in Court in person undertakes that he shall take care of his family and shall not given any cause of complaint to respondent no.2 with regard to his behaviour. The undertaking is accepted.

7. In view of the fact that respondent no. 2 has settled with the petitioner and has restored cordial family relations and the family has two minor children, 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.832/2015 under Section 307 of the IPC registered at Police Station Bugum Pur and the consequent proceedings emanating therefrom are, accordingly quashed.

9. Order Dasti under signatures of the Court Master.

SEPTEMBER 13, 2018                      SANJEEV SACHDEVA, J
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