Manish & ANR v. The State Govt Of NCT Of Delhi & ANR

$~56 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5478/2017 MANISH & ANR ..... Petitioners Through:

Mr. Kartickay Mathur, Adv. with P-2 in person versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Arun Kr. Sharma, Addl. PP for the State with ASI Anil Kumar Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 29.01.2018 Crl. M.A. 21329/2017 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 5478/2017 1.

The petitioners seek quashing of FIR No.

386 of 2009 under Sections 498A/406/34 of the IPC Police Station Aman Vihar, Delhi. It is contended that the FIR was lodged consequent to a matrimonial discord. 2.

Petitioner No. 1 and Respondent No. 2 are husband-wife. Learned counsels for the parties submit that the parties have settled their disputes and started living together.

3.

Respondent no. 2 is present in court in person and is identified by the Investigating Officer. She submits that she has started residing together CRL.M.C. 5478/2017

with petitioner no. 1 happily as husband-wife and is agreeable to the settlement and as such does not wish to press the criminal charges against the petitioner any further.

4.

In view of the fact that the disputes between the petitioners and respondent no. 2 emanate out of a matrimonial discord and have been settled and petitioner No. 1 and respondent No. 2 are cohabiting together as husband and wife, 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. FIR No. 386 of 2009 under Sections 498A/406/34 of the IPC Police Station Aman Vihar, Delhi and the consequent proceedings therefrom are, accordingly quashed. 6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 29, 2018 'rs'

CRL.M.C. 5478/2017