Shri Yogesh Jatav & ORS. v. State & ANR.

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6341/2018 & Crl.M.A. No.49639/2018 SHRI YOGESH JATAV & ORS.

..... Petitioners Through:

Ms.Reena Kumar, Adv. with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr.Mukesh Kumar, APP with ASI Sahab Singh, PS Saket 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.0196/2017 u/s 498A/406/34 IPC registered at P.S. Saket, New Delhi and all proceedings emanating therefrom on the basis of a settlement arrived at by the parties before the Delhi Mediation Centre, Saket Courts, New Delhi on 20.09.2017. 3.

Learned counsel for the petitioners submits that the marriage between the petitioner no.1 and the respondent no.2 was solemnised on 11.11.2016 as per Hindu rites and ceremonies. However, due to a misunderstanding, the respondent no.2 left her matrimonial home on 10.01.2017 itself and lodged a complaint against the petitioners leading to the registration of the captioned FIR.

4.

Learned counsel for the petitioners submits that the parties have now under the aegis of the Delhi Mediation Centre, Saket Courts, Delhi arrived at an amicable settlement on 20.09.2017, pursuant whereto, they have been living together ever since the date of the settlement. She further 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. 5.

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 the petitioners from September, 2017 itself. 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.

6.

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.

7.

For the aforesaid reasons, the petition is allowed and the captioned FIR and proceedings emanating therefrom are quashed. 8.

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

REKHA PALLI, J DECEMBER 14, 2018 gm