Seema Khan & ORS v. The State & ANR

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1786/2018 SEEMA KHAN & ORS ..... Petitioner Through :

Mr Ravinder Kumar Tyagi, Advocate.

versus THE STATE & ANR ..... Respondent Through :

Mr Arun Kumar Sharma, Addl. PP for the State.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 11.04.2018 Crl.M.A.6396/2018(exemption) Allowed, subject to all just exceptions.

Crl.M.C.1786/2018 1.

Petitioners seek quashing of FIR No.240/2010, under Sections 380/323/34 IPC, Police Station Khajoori Khas, based on a Settlement. 2.

The subject FIR emanates out of a matrimonial discord. Respondent No.2 is the mother-in-law of petitioner No.1. 3.

The subject FIR is a cross-FIR to FIR No.84/2011 under Sections 498A/406 IPC, Police Station Sadar Bazar, Delhi. 4.

Learned counsels for the parties inform that the cross- FIR No. 84/2011 has also been quashed in Crl.M.C. No.1619/2018 by an order of today's date.

CRL.M.C.1786/2018

5.

Parties have settled their dispute. The Settlement has been arrived at before the Family Court, Tis Hazari Courts, Delhi on 20.05.2014. 6.

Respondent No.2 is present in Court in person, represented by counsel and is identified by the Investigating Officer. She confirms that the settlement has taken place and 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 before the Family Court, Tis Hazari Courts, Delhi on 20.05.2014, and 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.240/2010, under Sections 380/323/34 IPC, Police Station Khajoori Khas and the consequent proceedings emanating therefrom are hereby quashed.

9.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J APRIL 11, 2018 'Sn'

CRL.M.C.1786/2018