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Aftab & Ors. vs State (Nct Of Delhi) & Anr. on 24 August, 2018

$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 24.08.2018
CRL.M.C. 4284/2018

AFTAB ORS ….. Petitioners
versus

STATE (NCT OF DELHI) ANR ….. Respondents

Advocates who appeared in this case:
For the Petitioners : Mr.Farhan Ahmed Ghazi, Advocate.

For the Respondent: Mr.Sanjeev Sabharwal, APP for the State with
SI Shalu, P.S.Neb Sarai

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

24.08.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.30627/2018 (Exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4284/2018 Crl. M.C. 30626/2018

1. Petitioners seek quashing of FIR No.818/2015 under Sections
498A/406/34 IPC registered at Police Station Neb Sarai, New Delhi, based
on a settlement.

2. The subject FIR emanates out of matrimonial discord. Petitioner no.
1 and respondent no. 2 are husband and wife.

CRL.M.C. 4284/2018 Page 1 of 2

3. Learned counsel for the petitioners submits that the parties have
reconciled their disputes and are amicably residing together as husband and
wife since October, 2015.

4. 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.

5. 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 quash the subject FIR and the consequent proceedings
emanating therefrom.

6. In view of the above, the petition is allowed. FIR No.818/2015 under
Sections 498A/406/34 IPC registered at Police Station Neb Sarai, New
Delhi and the consequent proceedings emanating there from are quashed.

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

AUGUST 24, 2018/’rs’ SANJEEV SACHDEVA, J

CRL.M.C. 4284/2018 Page 2 of 2

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