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

$~55 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 731/2018 AFTAB & ORS ..... Petitioners Through :

Mr Jitender Kumar, Advocate for P-1 to 5.

versus THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Through :

Mr Mukesh Kumar, Addl. PP for the State.

ASI Hukum Chand, PS Mehrauli.

Mr Hamid Ali, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 12.02.2018 Crl. M.A. 2635/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 731/2018 1.

By this petition, the petitioner seeks quashing of FIR No. 1104/2014 under Sections 323/354B/506/509/34 IPC, Police Station Mehrauli.

2.

The subject FIR emanates out of matrimonial discord.

Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2 & 3 are the brother and sister respectively of petitioner No.1. Petitioner No.4 is the mother of petitioner No.1 and petitioner No.5 is the husband of petitioner No.3.

3.

Parties have settled their dispute. The Compromise Deed dated Crl.M.C.731/2018

24.06.2014 has been executed between the parties. It is stated that the petitioner No.1 and respondent No.2 have reconciled their disputes and are residing together.

4.

Respondent No.2 is present in Court in person, is represented by counsel and identified by the Investigating Officer. She confirms that she is residing with her husband - petitioner No.1 herein, as they have reconciled their disputes.

5.

In view of the above and keeping in view of the fact that the FIR emanates from matrimonial discord and the parties have resolved their dispute through a Compromise Deed dated 24.06.2014 and are residing together and further respondent No. 2 does not wish to press her complaint, 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.

Accordingly, FIR No.1104/2014 under Sections 323/354B/506/509/34 IPC, Police Station Mehrauli and the consequent proceedings emanating therefrom are hereby quashed. 7.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J FEBRUARY 12, 2018/'Sn'

Crl.M.C.731/2018