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Judgment
21 paragraphs · 340 wordsSANJEEV SACHDEVA, J
Crl.M.A.33721/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 5117/2018
Petitioners seek quashing of FIR No. 988/2016, under Sections 498A/406/34 IPC, Police Station Mangol Puri, based on a settlement. Â
It is contended that petitioner no.1 is the husband of the respondent No.2. The subject FIR was lodged consequent to a matrimonial discord. Â
Learned counsel for the petitioners submit that the petitioner no.1 and respondent no. 2 have resolved their disputes and are amicably residing
together as husband and wife since 16.02.2017. Settlement agreement dated 30.07.2018 has also been executed between the parties.
Parties are present in Court in person. They submit that they have reconciled their disputes and after they have started living together, a child has
also been born.Â
Respondent No.2 is present in person, represented by counsel and identified by the Investigating Officer. She submits that she has amicably
resolved the disputes with her husband and they are now cohabiting together. She submits that she does not wish to press charges against the
petitioners and has no objection to the quashing of the subject FIR.
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
petitioner no. 1 and respondent no. 2 have started living together and further the respondent No.2 has stated that she does not wish to press the
complaint any further, 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.
In view of the above, the petition is allowed. FIR No. 988/2016, under Sections 498A/406/34 IPC, Police Station Mangol Puri and the consequent
proceedings emanating there from are quashed.
Order Dastiunder the signatures of the Court Master. Â