Devashish Banerjee & Ors. vs State & Anr.
2018 Latest Caselaw 5903 Del

$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                     Judgment delivered on:28.09.2018

+      CRL.M.C. 4976/2018

DEVASHISH BANERJEE & ORS.                                     ..... Petitioners
                             versus

STATE & ANR.                                                  ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Ms. Vasundhara Bhardwaj and Mr. G. Johri, Advocates.

For the Respondents   :      Mr. Sanjeev Sabharwal, APP for the State
                             with SI Dharmendra Kumar.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                     JUDGMENT

28.09.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 33179/2018 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 4976/2018

1. Petitioners seeks quashing of FIR No. 219 of 2017 under Sections 498A/406 of the IPC read with Section 4 of Dowry Prohibition Act, 1961 registered at Police Station Shahdara, Delhi, based on a settlement.

2. Subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioners submits that the parties have settled their disputes and they have started residing together amicably.

Settlement dated 11.02.2018 has been executed before the Counselling Cell, Karkardooma Courts, Delhi. Both the parties submits that they shall abide by the settlement terms.

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 the parties have started residing together amicably and happily, 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. 219 of 2017 under Sections 498A/406 of the IPC read with Section 4 of Dowry Prohibition Act, 1961 registered at Police Station Shahdara, Delhi and the consequent proceedings emanating there from are quashed.

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

SEPTEMBER 28, 2018/'rs'                           SANJEEV SACHDEVA, J