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High Court of DelhiCRL.M.C./2998/2018

Noor Hasan & ANR v. The State (Govt. Of NCT Of Delhi) & ANR

2018-05-28Hon'Ble Mr. Justice Sanjeev Sachdeva2 pages

$~57 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2998/2018 NOOR HASAN & ANR ..... Petitioners Through :

Mr Ram Manohar Bhargava, Advocate.

versus THE STATE (GOVT. OF NCT OF DELHI) & ANR ..... Respondent Through :

Mr Akshai Malik, APP.

ASI Tulli Ram, PS Badar Pur.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 28.05.2018 1.

Petitioners seek quashing of FIR No.197/2015, under Sections 498A/406/506/34 IPC, Police Station Badar Pur, based on a Settlement.

2.

Subject FIR emanates out of a matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner No.2 is the mother of petitioner No.1.

3.

Parties have settled their dispute.

The Memorandum of Settlement dated 31.10.2017 has been executed between the parties before the Mediation Centre, Saket Courts, New Delhi. 4.

It is submitted that petitioner No.1 and respondent No.2 has started residing together amicably as husband and wife. CRL.M.C.2998/2018

5.

Respondent No.2 is present in Court in person, and is identified by the Investigating Officer. She confirms that settlement has taken place and further submits that she is living together with petitioner No.1 happily as husband and wife. She also submits that she does not wish to press her complaint any further. 6.

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 the Memorandum of Settlement dated 31.10.2017, which has been executed between the parties before the Mediation Centre, Saket Courts, New Delhi and petitioner No.1 and respondent No.2 are residing together happily as husband and wife and further 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. 7.

Accordingly, FIR No.197/2015, under Sections 498A/406/506/34 IPC, Police Station Badar Pur and the consequent proceedings emanating therefrom are hereby quashed. 8.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J MAY 28, 2018/Sn'

CRL.M.C.2998/2018