Poresh Kumar & ORS v. Satte NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1637/2018 PORESH KUMAR & ORS ..... Petitioner Through :

Mr Surya Nath Pandey, Advocate.

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

Ms Neelam Sharma, APP.

Ms Sheenu Chauhan, Advocate for R-2.

R-2 & 3 In person.

SI Suraj Pal, PS Keshav Puram.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 05.04.2018 Crl. M.A. 5920/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 1637/2018 1.

Petitioners seek quashing of FIR No.790/2015, under Sections 498A/406/34 IPC, Police Station Keshav Puram, based on a Settlement.

2.

Learned counsel for the petitioner submits that on account of falling from the stairs yesterday, petitioner No.2 could not come to

Court today and petitioner No.3 is taking care of petitioner No.2. He prays for exemption.

3.

For the above reasons, petitioner Nos.2 & 3 are exempted from personal appearance.

4.

Petitioner No.1 & respondent No.2 are present in person. 5.

The subject FIR emanates out of a matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner No.2 is the mother-in-law and petitioner No.3 is the brother-in-law of respondent No.2.

6.

Respondent No.2 is present in person, represented by counsel and identified by the Investigating Officer. She confirms that the settlement has taken place and further submits that they have resolved their dispute amicably and co-habiting together as husband and wife since December, 2015. She also submits that she does not wish to press her complaint any further.

7.

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 amicably and are co-habiting together as husband and wife since December, 2015 and further that 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.

8.

Accordingly, FIR No.790/2015, under Sections 498A/406/34 IPC, Police Station Keshav Puram and the consequent proceedings emanating therefrom are hereby quashed.

9.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J APRIL 05, 2018 'Sn'