Rajesh Kumar & ORS v. State (Govt Of NCT Delhi) & ANR

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RAJESH KUMAR & ORS ..... Petitioners Through Mr. Sanjeev Sarkar, Advocate.

versus STATE (GOVT OF NCT DELHI) & ANR ..... Respondents Through Mr. Arun Kumar Sharma, APP for the State.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 11.05.2018 Crl.M.A.8916/2018 (exemption) Exemption is allowed subject to all just exceptions. Crl.M.A.8917/2018 (for condonation of delay in re-filing) For the reasons stated in the application, the application is allowed.

The delay in re-filing of the petition is condoned. 1.

The petitioners seek quashing of FIR No.225/2007, under Sections 498A/406/34 IPC and Sections 3 & 4 of Dowry Prohibition Act, Police Station Mansarovar Park, based on a settlement. 2.

It is contended that petitioner No.1 is the husband of 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 sister-in-law of the

respondent No.2.

Petitioner No.5 is the brother-in-law of the respondent No.2. Petitioner Nos.6 and 7 are the relatives 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 entered into a settlement agreement dated 03.06.2015 through the process of mediation, held at Delhi Mediation Centre, Karkardooma Courts, Delhi.

It is contended that the parties have resolved their disputes and are amicably residing together as husband and wife. 4.

The respondent No.2 is present in person 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 petitioners and has no objection to the quashing of the subject FIR. 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 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.

6.

In view of the above, FIR No.225/2007, under Sections 498A/406/34 IPC and Sections 3 & 4 of Dowry Prohibition Act, Police Station Mansarovar Park and the consequent proceedings emanating there from are quashed.

7.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MAY 11, 2018 st