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High CourtsSingle Bench(2018) 10 DEL CK 0068

Virender Kumar & Ors vs State & Anr

Delhi High Court · Decided on 3 October 2018

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous CaseNo.4703 OF 2018
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Judgment

22 paragraphs · 324 words

SANJEEV SACHDEVA, J

Crl. M.A. 32149/2018 (Exemption)

Allowed, subject to all just exceptions.Â

Crl. M.A. 32150/2018 (condonation of delay in re-filing)

For the reasons stated in the application, the delay in re-filing the petition is condoned. The application is disposed of.Â

CRL.M.C. 4703/2018

1.

Petitioners seek quashing of FIR No. 122 of 2012 under Sections 498A/406/34 of the IPC registered at Police Station Najafgarh, Delhi, based on

a settlement. Â

2.

Subject FIR emanates out of matrimonial discord. Â

3.

Learned counsel for the petitioners submits that the parties have settled their disputes and they have started residing together amicably. Settlement

dated 23.10.2015 has been executed before Delhi Mediation Centre, Dwarka Courts, Delhi. Both the parties undertake that they shall abide by

the settlement terms.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.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 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.

6.

In view of the above, the petition is allowed FIR No. 122 of 2012 under Sections 498A/406/34 of the IPC registered at Police Station Najafgarh,

Delhi and the consequent proceedings emanating there from are quashed.Â

7.

Order Dasti under the signatures of the Court Master.Â