Sh. Vinod Rajput & ORS. v. State & ANR

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5862/2018 SH. VINOD RAJPUT & ORS.

..... Petitioner Through Ms.Anita Dhingra, Adv.

versus STATE & ANR ..... Respondent Through Mr.Amit Chadha, APP with SI Rajesh, PS Shahdara.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 05.12.2018 1.

Vide the present petition u/s 482 CrPC, the petitioners seek quashing of FIR No.0022/2016 u/s 406/498A/34 IPC registered at P.S Shahdara (North East), Delhi, on basis of a settlement dated 19.07.2016 arrived at by the parties before the learned Family Court, Karkardooma Courts, Delhi.

2.

Ms.Anita Dhingra, learned counsel for the petitioners submits that the marriage between the petitioner no.1 and the respondent no.2 was solemnised on 23.11.2009 as per Hindu rites and ceremonies and they were blessed with two children. However, due to some misunderstanding the respondent no.2 lodged a complaint against the petitioners leading to the registration of the aforesaid FIR. 3.

Ms.Anita Dhingra submits that after the registration of the FIR, the parties with the intervention of the learned Family Court, Karkardooma Courts, Delhi have arrived at a settlement and resolved

their differences for the welfare of their children. She further submits that they are now happily living together for the last two years. She, therefore, prays that the aforesaid FIR and all consequential proceedings be quashed.

4.

The petitioners as also the respondent no.2 are present in Court and have been identified by the Investigating Officer. I have interacted with the respondent no.2, who states that she has voluntarily resolved all her differences with the petitioners and she is now happily residing with the petitioner no.1. She further submits that she does not want to proceed with the criminal case any further as it will hamper her peaceful matrimonial life. 5.

I have considered the submissions of the learned counsel for the parties and perused the record. Keeping in view the fact that the FIR emanates from a matrimonial dispute which already stands resolved as also the fact that the petitioner no.1 and respondent no. 2 are now living a happy married life, no useful purpose would be served in continuing with the aforesaid criminal proceedings. The ends of justice demand that the FIR and consequential proceedings be quashed.

6.

For the aforesaid reasons, the petition is allowed and the captioned FIR and all consequential proceedings are quashed. 7.

The petition is disposed of in the above terms. REKHA PALLI, J DECEMBER 05, 2018/ sr