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Abhitesh Singh & Ors. vs State & Anr. on 7 September, 2018

$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on:07.09.2018

+ CRL.M.C. 4524/2018
ABHITESH SINGH ORS. ….. Petitioners
versus

STATE ANR. ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Vijay Mehta, Advocate.

For the Respondent : Mr. Kamal Kumar Ghai, APP for the State.
SI Vikas Mudgal, PS Khyala.
Respondent No.2 in person.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

07.09.2018
SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No.201/2015 under
Sections 498A/406/34 IPC, Police Station Khyala.

2. Learned counsel for the petitioners prays for exemption from
personal appearance of the petitioner No.4 – sister-in-law of the
complainant on the ground that on account of personal problem she
could not come to Delhi. She has filed her affidavit in support of the
petition.

CRL.M.C. 4524/2018 Page 1 of 3

3. In view of the above, the petitioner No.4 is granted exemption
from personal appearance.

4. The subject FIR emanates out of matrimonial discord.
Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2
and 3 are the father-in-law and mother-in-law of the respondent No.2.
Petitioner Nos.4 5 are the sisters-in-law of the respondent No.2.

5. Learned counsel for the parties submits that the parties have
resolved their disputes and are amicably residing together as husband
and wife since 24.08.2016.

6. The respondent No.2 is present in person and is identified by
the Investigating Officer. She submits that she has amicably resolved
the disputes with her husband and they are now cohabiting together.
She submits that she does not wish to press charges against the
petitioners and has no objection to the quashing of the subject FIR.

7. In view of the fact that the proceedings emanate out of a
matrimonial discord and the parties have fully and finally settled their
disputes and have started living together and further the respondent
No.2 has stated that she does not wish to press the complaint any
further, 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

CRL.M.C. 4524/2018 Page 2 of 3
quash the subject FIR and the consequent proceedings emanating
therefrom.

8. In view of the above, the petition is allowed. FIR No.201/2015
under Sections 498A/406/34 IPC, Police Station Khyala and the
consequent proceedings emanating there from are quashed.

9. Order Dasti under the signatures of the Court Master.

SEPTEMEBER 07, 2018 SANJEEV SACHDEVA, J
st

CRL.M.C. 4524/2018 Page 3 of 3

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