Monu @ Jamil & ORS. v. State & ANR.

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6190/2018 & Crl.M.A. No.49014/2018 MONU @ JAMIL & ORS.

..... Petitioners Through:

Mr.L.K. Passi & Mr.Ravi Kumar, Advs. with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr.Mukesh Kumar, APP with ASI Rohtash, PS Pahar Ganj R-2 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 06.12.2018 1.

Vide the present petition under Section 482 Cr.P.C, the petitioners seek quashing of FIR No.558/2014 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 Settlement executed by 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 25.02.2011 as per Muslim rites and ceremonies and they were blessed with two children. However, due to some temperamental differences, the respondent no.2 left her matrimonial home and made a complaint against the petitioners leading to the registration of the

captioned FIR.

3.

Learned counsel for the petitioners further submits that subsequently, with the intervention of the elder members of the family, the parties have resolved all their differences and have entered into a Memorandum of Understanding dated 01.10.2018. Pursuant thereto, the parties have been living together for the last two years and are now leading a happy married life. He, therefore, prays that the aforesaid FIR and all proceedings emanating therefrom be quashed. 4.

The petitioner 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 for the last two years. She further submits that keeping in view the fact that the future of her children is also involved, she does not want the aforesaid criminal proceedings to continue any further, as it will disrupt her marital and family 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 between the parties, as a result whereof the petitioner no.1and the respondent no. 2 are living together for the last two years, I find that no useful purpose will be served in continuing with the criminal proceedings. In my view, 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 along with the pending application is disposed of in the above terms.

REKHA PALLI, J DECEMBER 06, 2018 gm