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Sunny Chauhan & Ors vs State (NCT Of Delhi) & Anr

Delhi High Court · Decided on 3 October 2018 · Citation: (2018) 10 DEL CK 0075

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous CaseNo.5038 OF 2018

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Not yet generated for this judgment

Judgment

22 paragraphs · 338 words

SANJEEV SACHDEVA, J

Crl.M.A.33402/2018 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 5038/2018

1.

Petitioners seek quashing of FIR No.838/2014, under Sections 498A/406/34 IPC, Police Station Geeta Colony.

2.

It is contended that petitioner No.1 is the husband of the 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 brotherin-law of the respondent No.2. The subject FIR was lodged consequent to a matrimonial discord.

3.

Learned counsel for the petitioners submits that the parties have resolved their disputes and the petitioner No.1 and the respondent No.2 have

started residing together as husband and wife since 21.09.2015.

4.

Parties are present in Court in person. They submit that they have reconciled their disputes and after they have started living together, another child

has been born.

5.

The respondent No.2 is present in person, represented by counsel and is 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

petitioner and has no objection to the quashing of the subject FIR.

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 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.

7.

In view of the above, the petition is allowed. FIR No.838/2014, under Sections 498A/406/34 IPC, Police Station Geeta Colony and the consequent

proceedings emanating there from are quashed.

8.

Order Dastiunder the signatures of the Court Master.