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Akhilesh Gautam & Ors. vs The State & Anr. on 3 August, 2018

$~89
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 03.08.2018

+ CRL.M.C. 3905/2018
AKHILESH GAUTAM ORS ….. Petitioners

versus

THE STATE ANR ….. Respondents
Advocates who appeared in this case:

For the Petitioners : Mr. Varun Kumar, Advocate .

For the Respondents: Mr. Raghuvinder Verma, Addl. PP for
the State with SI Sanjay Kaushik, P.S. Sarai Rohilla

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

03.08.2018

SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.29278/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 3905/2018

1. The petitioners seek quashing of FIR No. 134 of 2015 under
Sections 498A/34 of the IPC, Police Station Sarai Rohilla, New Delhi,
based on a settlement. It is contended that the FIR was lodged

CRL.M.C. 3905/2018 Page 1 of 3
consequent to a matrimonial discord.

2. Petitioner No.1 is the husband of respondent No.2. Petitioners
No.2 and 3 are the parents of petitioner No.1.

3. Learned counsels for the parties submit that the parties have
settled their disputes and reconciled their differences. Statement of
parties qua the settlement was recorded before the Trial Court on
30.05.2018. Petitioner no. 1 and respondent no. 2/complainant have
started residing together amicably as husband and wife.

4. Respondent no. 2 is present in court in person and is identified
by the Investigating Officer. She confirms that she is living together
with the petitioner No.1 happily and has no complaint against the
petitioners. Respondent no. 2 further submits that she has settled the
dispute with the petitioners and is agreeable to the settlement and does
not wish to press the criminal charges against the petitioners any
further.

5. 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 they have started living together, 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

CRL.M.C. 3905/2018 Page 2 of 3
consequent proceedings emanating therefrom.

6. In view of the above, the petition is allowed. FIR No. 134 of
2015 under Sections 498A/34 of the IPC, Police Station Sarai Rohilla,
New Delhi and the consequent proceedings emanating there from are,
accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
AUGUST 03, 2018
ns

CRL.M.C. 3905/2018 Page 3 of 3

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