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Arjun Mahraullia & Ors. vs State & Anr. on 14 February, 2019

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 14.02.2019
+ CRL.M.C. 828/2019
ARJUN MAHRAULLIA ORS. ….. Petitioners
versus

STATE ANR. ….. Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Mukesh Kumar, Adv. along with petitioners

For the Respondents: Mr. Raghuvinder Verma, Addl. PP for the State
with SI Sanjeet Singh
Mr. Phillip Massey and Mr. Suman Mohanpuria,
Advs. for R-2 with R-2 in person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 3342/2019 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 828/2019

1. Petitioners seek quashing of FIR No. 274 of 2013 under
Sections 498A/406/34 IPC registered at Police Station Rajouri
Garden, Delhi, based on a settlement.

CRL.M.C. 828/2019 Page 1 of 3

2. Subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioners submits that parties have
settled their disputes. As per the settlement, all the dowry articles,
jewellery, gifts, Istridhan, etc. have also been returned to respondent
no. 2. Settlement amount has also been paid. Parties have amicably
dissolved their marriage by mutual consent and decree of divorce
dated 16.02.2015 has been passed.

4. Respondent No.2 is present in person, represented by her
counsel and is identified by the Investigating Officer. She has also
filed her affidavit in support of the petition. She submits that she has
settled her disputes with the petitioners and does not wish to press
charges against the petitioners and prosecute the complaint any
further.

5. In view of the fact that the proceedings emanate out of a
matrimonial discord and parties have fully and finally settled their
disputes and respondent No.2 has stated that she does not wish to
press the complaint any further and the fact that the parties have
already been divorced by way of a decree of divorce, passed on
16.02.2015, 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. 828/2019 Page 2 of 3
quash the subject FIR and the consequent proceedings emanating
therefrom.

6. In view of the above, the petition is allowed. FIR No. 274 of
2013 under Sections 498A/406/34 IPC registered at Police Station
Rajouri Garden, New Delhi and the consequent proceedings
emanating there from are quashed.

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

SANJEEV SACHDEVA, J
FEBRUARY 14, 2019
‘rs’

CRL.M.C. 828/2019 Page 3 of 3

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