Gopal Krishan Jassal & ORS v. State & ANR

$~62 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 758/2018 GOPAL KRISHAN JASSAL & ORS ..... Petitioners Through:

Mr. Ashok Kumar Upmanu with Mr.

Mukesh Kumar Sharma, Advocates.

versus STATE & ANR ..... Respondents Through:

Ms. Anita Abraham, APP for the State.

ASI Badlo Ram, PS Janak Puri.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 13.02.2018 Crl.M.A.2736/2018 (exemption) Exemption is allowed subject to all just exceptions. Crl.M.A.2735/2018 (filed on behalf of petitioner Nos.2 and 3 seeking exemption from personal appearance) For the reasons stated in the application, the application is allowed. The petitioner Nos.2 and 3 are granted exemption from personal appearance.

The application is disposed of.

CRL.M.C. 758/2018 1.

The petitioners seek quashing of FIR No.91/2011 under Section 498-A/406/34 IPC, Police Station Janak Puri.

2.

The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2.

CRL.M.C. 758/2018

3.

Learned counsel for the petitioners submit that the parties have entered into a settlement agreement dated 26.03.2015 through the process of mediation held at Delhi Mediation Centre, Tis Hazari Courts. They further submit that the petitioner No.1 and the respondent No.2 have reconciled their disputes and are residing together. 4.

Respondent no. 2 is present in court in person and is identified by the Investigating Officer. She submits that she has started residing together with petitioner No. 1 as husband-wife and is agreeable to the settlement and as such does not wish to press the criminal charges against the petitioners any further.

5.

In view of the fact that the disputes between the petitioners and respondent no. 2 emanate out of a matrimonial discord and have been settled and petitioner No. 1 and respondent No. 2 are cohabiting together as husband and wife, 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.91/2011 under Section 498-A/406/34 IPC, Police Station Janak Puri and the consequent proceedings therefrom are, accordingly quashed. 7.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 13, 2018 st CRL.M.C. 758/2018