Ashish Kumar v. State & ANR

$~57 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2179/2018 ASHISH KUMAR ..... Petitioner Through Ms. Pooja Bhaskar with Mr. Satish Aggarwala, Advocates.

versus STATE & ANR ..... Respondents Through Mr. G.M. Farooqui, APP for the State.

SI Lalit Chauhan, PS Timar Pur.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 26.04.2018 Crl.M.A.7743/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 2179/2018 1.

The petitioner seeks quashing of FIR No.321/2017, under Sections 498A/307 IPC, Police Station Timarpur, based on a settlement. 2.

It is contended that petitioner is the husband of the respondent No.2. The subject FIR was lodged consequent to a matrimonial discord. 3.

Learned counsel for the petitioner submits that the parties have resolved their disputes and are amicably residing together as husband and wife.

4.

The respondent No.2 is present in person and is identified by the CRL.M.C. 2179/2018

Investigating Officer. She submits that she has amicably resolved the disputes with her husband and they are now cohabiting together. She submits that she does not wish to press charges against the petitioner and has no objection to the quashing of the subject FIR. 5.

In view of the fact that the proceedings emanate out of a matrimonial discord and the parties have fully and finally settled their disputes and have started living together and further the respondent No.2 has stated that she does not wish to press the complaint any further, 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, FIR No.321/2017, under Sections 498A/307 IPC, Police Station Timarpur and the consequent proceedings emanating there from are quashed.

7.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J APRIL 26, 2018 st CRL.M.C. 2179/2018