Mukesh & ORS v. The State Govt Of NCT Of Delhi & ANR

$~61 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1351/2018 MUKESH & ORS ..... Petitioners Through Mr. Rajesh Pandey with Mr. M.

Kumar, Advocates.

versus THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Through Ms. Anita Abraham, APP for the State.

Ms. Anruadha Pandey, Advocate for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 16.03.2018 Crl.M.A.4923/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 1351/2018 1.

The petitioners seek quashing of FIR No.484/2015, under Sections 498-A/406/34, Police Station Vijay Vihar. 2.

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.

3.

It is contended by the learned counsel for the parties that the disputes have been settled and a Compromise-cum-Settlement Deed dated 05.03.2018 has been executed between the parties. It is contended that the petitioner No.1 and the respondent No.2 are residing together as husband and wife since 15.07.2015. Even a child has been born out of CRL.M.C. 1351/2018

the wedlock thereafter.

4.

The respondent No.2 is present in person, represented by a 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 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.484/2015, under Sections 498A/406/34, Police Station Vijay Vihar and the consequent proceedings emanating there from are quashed.

7.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MARCH 16, 2018 st CRL.M.C. 1351/2018