Ajay Kaushik & ORS v. The State & ANR

$~53 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1701/2018 AJAY KAUSHIK & ORS ..... Petitioners Through :

Mr S.G.Goswami, Advocate.

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

Ms Neelam Sharma, Addl. PP for the State.

SI Prempal Singh, PS Bhajanpura.

Mr Neeraj Thakur, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 09.04.2018 Crl. M.A. 6150/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 1701/2018 1.

Petitioners seek quashing of FIR No.829/2014, under Sections 498A/406/34 IPC, Police Station Bhajanpur, based on a Settlement. 2.

The subject FIR emanates out of a matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2 & 3 are the parents of petitioner No.1. Petitioner No.4 is the brother of petitioner No.1.

3.

Parties have amicably settled their dispute.

A Compromise Deed dated 09.03.2018 has been executed between the parties. Crl.M.C.1701/2018

4.

Respondent No.2 is present in Court in person, is represented by counsel and is identified by the Investigating Officer. She confirms that the settlement has taken place and further submits that the parties are co-habiting together as husband and wife happily. She also submits that she does not wish to press her complaint any further. 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 09.03.2018, which has been executed between the parties 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.

6.

Accordingly, FIR No.829/2014, under Sections 498A/406/34 IPC, Police Station Bhajanpur and the consequent proceedings emanating therefrom are hereby quashed.

7.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J APRIL 09, 2018 'Sn'

Crl.M.C.1701/2018