High CourtsSingle Bench(2018) 09 DEL CK 0083

Amiruddin & Ors vs State ( Govt Of Nct Of Delhi) & Anr]

Delhi High Court · Decided on 7 September 2018

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No.4527 Of 2018

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Judgment

20 paragraphs · 316 words

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.31546/2018 (exemption)

Exemption is allowed subject to all just exceptions.Â

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.Â

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.Â

7.

Order Dasti under the signatures of the Court Master. Â