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Davinder Kumar & Ors vs State & Anr

Delhi High Court · Decided on 4 October 2018 · Citation: (2018) 10 DEL CK 0097

HON’BLE JUDGES
Sanjeev Sachdeva, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 406, 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous CaseNo.5065 OF 2018
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Judgment

20 paragraphs · 325 words

SANJEEV SACHDEVA, J

Crl.M.A.33498/2018 (exemption)

Exemption is allowed subject to all just exceptions. CRL.M.C. 5065/2018

1.

The petitioners seek quashing of FIR No. 1230 of 2014 under Sections 498A/406/34 IPC registered at Police Station Mandawali, Delhi, based on a

settlement. Â

2.

Subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2 to 6 are the other family

members of the petitioner no. 1.

3.

Learned counsel for the petitioners submits that the Petitioner no. 1 and respondent no. 2 have settled their disputes and they have started residing

together amicably. Settlement dated 27.05.2017 has been executed before Counselling Cell, Rohini Courts, Delhi. Â

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.

Further, both parties undertake that they shall abide by the settlement terms. The undertaking is accepted

6.

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.

7.

In view of the above, the petition is allowed FIR No. 1230 of 2014 under Sections 498A/406/34 IPC registered at Police Station Mandawali, Delhi

and the consequent proceedings emanating there from are quashed.

8.

Order Dasti under the signatures of the Court Master.