Dharmender Pandit vs State & Anr (N.C.T. Of Delhi)

SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 28291/2018(Exemption)

Exemption is allowed subject to all just exceptions.Â

CRL.M.C. 3616/2018

The petitioners seek quashing of FIR No.1094 of 2015 under Sections 498A/406/34 of the IPC at Police Station Nihal Vihar, New Delhi, based on a

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

The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2. petitioner No.2 is the mother-in-law of

the respondent No.2. Petitioner No.3 is the brother-in-law of the respondent No.2.Â

Petitioner No.1 and respondent No.2 who appears in person submit that they have settled their disputes and they have started living together

amicably as husband and wife since 25.04.2018. One child has also been born out of the wedlock. Respondent No.2 further submits that she has

settled all her disputes with her husband and does not wish to prosecute the complaint either against her husband or against her mother-in-law and

brother-in-law who are petitioner Nos.2 and 3 respectively. She submits that in view of the fact that she has settled with her husband and wants to

restore the family ties and wants that the FIR be quashed.

The respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer.

In view of the fact that the disputes between the petitioner No.1 and respondent No.2 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 there from.

In view of the above, the petition is allowed. FIR No.1094 of 2015 under Sections 498A/406/34 of the IPC at Police Station Nihal Vihar, New

Delhi and the consequent proceedings emanating therefrom are, accordingly quashed.

Order Dasti under signatures of the Court Master. Â