Shokin v. State Of Govt Of NCT Of Delhi & ANR

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5361/2017 SHOKIN ..... Petitioner Through:

Mr. Parmil Kumar, Adv.

versus STATE OF GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Akshai Malik, Addl. PP for the State with SI Praveen Kumar Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 16.01.2018 Crl. M.A. 20981/2017 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 5361/2017 1.

Petitioner seeks quashing of FIR No. 120 of 2007 under Sections 498A/406/34 of the IPC, P.S. Mandawali, Delhi. 2.

It is contended that the FIR was lodged consequent to a matrimonial discord. Respondent no. 2 is present in person in Court and is identified by the Investigating Officer. 3.

Learned counsel for the petitioner as well as respondent no. 2 submit that the parties have settled their disputes and the petitioner (husband) and respondent no. 2 (wife) are now amicably and happily residing together as husband-wife and as such respondent no. 2 does CRL.M.C. 5361/2017

not wish to prosecute the complaint any further. It may also be noticed that vide order dated 17.03.2015, of the trial court, the parents of the petitioner (husband) and his other relations have already been discharged from the subject FIR.

4.

In view of the fact that the disputes between the petitioner and respondent no. 2 have been settled, 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.

5.

In view of the above, the petition is allowed. The FIR No. 120 of 2007 under Sections 498A/406/34 of the IPC, P.S. Mandawali, Delhi and the consequent proceedings emanating therefrom are, accordingly quashed.

6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 16, 2018 'rs'

CRL.M.C. 5361/2017