Sh. Jitender & ORS. v. State & ANR.

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6356/2018 & Crl.M.A. No.49674/2018 SH. JITENDER & ORS.

..... Petitioners Through:

Mr.Sunil Kumar Jha & Mr.Pintu Kumar, Advs. with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr.Raghuvinder Verma, APP with SI Bhupender, PS Aman Vihar Mr.M.S. Akhtar, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 14.12.2018 1.

Vide the present petition under Section 482 Cr.P.C, the petitioners seek quashing of FIR No.0273/2016 u/s 498A/406/34 IPC registered at P.S. Aman Vihar, Delhi and all proceedings emanating therefrom, on the basis of a Memorandum of Understanding entered into between the parties on 01.10.2018.

2.

Learned counsel for the petitioners submits that the marriage between the petitioner no.1 and the respondent no.2 was solemnised on 03.05.2014 as per Hindu rites and ceremonies. However, due to a misunderstanding, the respondent no.2 lodged a complaint against the petitioners leading to the registration of the captioned FIR.

3.

Learned counsel for the petitioners further submits that the parties have now with the intervention of senior members of the family, decided to resolve all their disputes and have entered into a settlement on 01.10.2018 whereby they have decided to live together. He submits that as per the settlement, the parties are now living a happy married life and, therefore, prays that the aforesaid FIR and all proceedings emanating therefrom 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 also interacted with the respondent no.2, who states that she has decided to resolve her differences with the petitioners of her own free will and is now happily residing with them. She further states that she has no complaints whatsoever of any kind against the petitioners and does not want the aforesaid criminal proceedings to continue any further, as it will disrupt her marital life. She, therefore, prays that the aforesaid FIR and all proceedings emanating therefrom be quashed. 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 between the parties, as a result whereof the petitioner no.1 and the respondent no. 2 are now living a happy married life as also the fact that the respondent no.2 categorically states that she does not want the criminal proceedings to continue, no useful purpose will be served in continuing with the 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 proceedings emanating therefrom are quashed. 7.

The petition is disposed of along with the pending application in the above terms.

REKHA PALLI, J DECEMBER 14, 2018 gm