Arjun Mahraullia & ORS v. State & ANR

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 14.02.2019 + ARJUN MAHRAULLIA & ORS.

..... Petitioners versus STATE & ANR.

..... Respondents Advocates who appeared in this case:

For the Petitioners :

Mr. Mukesh Kumar, Adv. along with petitioners For the Respondents:

Mr. Raghuvinder Verma, Addl. PP for the State with SI Sanjeet Singh Mr. Phillip Massey and Mr. Suman Mohanpuria, Advs. for R-2 with R-2 in person.

CORAM:- HON'BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL) Crl. M.A. 3342/2019 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 828/2019 1.

Petitioners seek quashing of FIR No. 274 of 2013 under Sections 498A/406/34 IPC registered at Police Station Rajouri Garden, Delhi, based on a settlement.

2.

Subject FIR emanates out of matrimonial discord. 3.

Learned counsel for the petitioners submits that parties have settled their disputes. As per the settlement, all the dowry articles, jewellery, gifts, Istridhan, etc. have also been returned to respondent no. 2. Settlement amount has also been paid. Parties have amicably dissolved their marriage by mutual consent and decree of divorce dated 16.02.2015 has been passed.

4.

Respondent No.2 is present in person, represented by her counsel and is identified by the Investigating Officer. She has also filed her affidavit in support of the petition. 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.

5.

In view of the fact that the proceedings emanate out of a matrimonial discord and parties have fully and finally settled their disputes and respondent No.2 has stated that she does not wish to press the complaint any further and the fact that the parties have already been divorced by way of a decree of divorce, passed on 16.02.2015, 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. 274 of 2013 under Sections 498A/406/34 IPC registered at Police Station Rajouri Garden, New Delhi and the consequent proceedings emanating there from are quashed.

7.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 14, 2019 'rs'