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Akhilesh Gautam & Ors vs State& Anr

Delhi High Court · Decided on 3 August 2018 · Citation: (2018) 08 DEL CK 0050

HON’BLE JUDGES
SANJEEV SACHDEVA, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 498A
RESULT
Allowed
CASE NUMBER
CRL.M.C. 3905 OF 2018
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Judgment

19 paragraphs · 327 words

SANJEEV SACHDEVA, J

Crl.M.A.29278/2018 (exemption)

Exemption is allowed subject to all just exceptions. CRL.M.C. 3905/2018

1.

The petitioners seek quashing of FIR No. 134 of 2015 under Sections 498A/34 of the IPC, Police Station Sarai Rohilla, New Delhi, based on a

settlement. It is contended that the FIR was lodged consequent to a matrimonial discord.

2.

Petitioner No.1 is the husband of respondent No.2. Petitioners No.2 and 3 are the parents of petitioner No.1.

3.

Learned counsels for the parties submit that the parties have settled their disputes and reconciled their differences. Statement of parties qua the

settlement was recorded before the Trial Court on 30.05.2018. Petitioner no. 1 and respondent no. 2/complainant have started residing together

amicably as husband and wife. Â

4.

Respondent no. 2 is present in court in person and is identified by the Investigating Officer. She confirms that she is living together with the

petitioner No.1 happily and has no complaint against the petitioners. Respondent no. 2 further submits that she has settled the dispute with the

petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any further.

5.

In view of the fact that the disputes between the petitioners and respondent no. 2 emanate out of a matrimonial discord and have been settled and

they 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.

6.

In view of the above, the petition is allowed. FIR No. 134 of 2015 under Sections 498A/34 of the IPC, Police Station Sarai Rohilla, New Delhi and

the consequent proceedings emanating there from are, accordingly quashed.

7.

Order Dasti under signatures of the Court Master.Â