Munish Dalal & ANR. v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4818/2017 and Crl. M.A. nos. 19193-94/2017 MUNISH DALAL & ANR.

..... Petitioners Through Mr. Divya Kumar Kaushik, Adv.

Versus

THE STATE GOVT OF NCT OF DELHI & ANR.... Respondents Through Mr. Izhar Ahmad, APP with ASI Rattan Lal, P.S. Mayapuri Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 02.08.2018 Petitioner no. 1 is husband of respondent no. 2. Petitioner no. 2 is mother of petitioner no. 1 and mother-in-law of respondent no. 2. It is submitted that petitioner no.1 and respondent no. 2 have settled their disputes amicably before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 28th July, 2016 vide Annexure A-B collectively. It is submitted that petitioner no. 1 and respondent no. 2 have started living together after settling their disputes amicably, therefore, FIR no. 240/2015 under Sections 498-A/406/34 IPC registered at police station Maya Puri and consequent proceedings emanating therefrom may be quashed against the petitioners.

Respondent no. 2 is present in Court and has been identified by ASI Rattan Lal of police station Maya Puri. Respondent no.2 submits that she has settled the matter with the petitioner no.1 of her own free will and without any undue force, pressure or coercion and has no objection if aforesaid FIR and the consequent proceedings emanating therefrom are quashed against the petitioners.

Learned APP submits that Rishi Dalal and Meena Dalal, who are brother and sister-in-law of petitioner no. 1, are also accused inasmuch as charges under Sections 498-A/406/34 IPC have been framed against them. Learned counsel for the petitioners submits that respondent no. 2 has not settled the case with Rishi Dalal and Meena Dalal. Accordingly, aforesaid FIR may be quashed against the petitioners only. Mr. Rishi Dalal is present in court and submits that trial shall proceed against the all the accused persons, including the petitioners. I do not find any force in this contention.

Since husband and wife have settled their disputes and are living together and respondent no.2 is not willing to pursue the matter against her husband and mother-in-law no fruitful purpose would be served by keeping the criminal proceedings pending against the husband and mother-in-law.

Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed qua the petitioners.

Petition is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti.

A.K. PATHAK, J.

AUGUST 02, 2018 r.bararia