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Davinder Kumar & Ors vs The State & Anr. (Govt.Of Nct Of … on 4 October, 2018

$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on:04.10.2018

+ CRL.M.C. 5065/2018
DAVINDER KUMAR ORS ….. Petitioners
versus
THE STATE ANR ….. Respondents

Advocates who appeared in this case:

For the Petitioners : Mr. Basant Kr. Gautam and Mr. Siddhartha Narwal,
Advocates.

For the Respondents : Mr. Kamal Kr. Ghai, APP for State with
SI Praveen Kumar, PS Mandawali.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

04.10.2018
SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.33498/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 5065/2018

1. The petitioners seek quashing of FIR No. 1230 of 2014 under
Sections 498A/406/34 IPC registered at Police Station Mandawali,
Delhi, based on a settlement.

CRL.M.C. 5065/2018 Page 1 of 3

2. Subject FIR emanates out of matrimonial discord. Petitioner
No.1 is the husband of respondent No.2. Petitioner Nos.2 to 6 are the
other family members of the petitioner no. 1.

3. Learned counsel for the petitioners submits that the Petitioner
no. 1 and respondent no. 2 have settled their disputes and they have
started residing together amicably. Settlement dated 27.05.2017 has
been executed before Counselling Cell, Rohini Courts, Delhi.

4. The respondent No.2 is present in person and is identified by
the Investigating Officer. 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. Further, both parties undertake that they shall abide by the
settlement terms. The undertaking is accepted

6. 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 the respondent No.2 has stated that she does not wish to
press the complaint any further and the fact that the parties have
started residing together amicably and happily, 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. 5065/2018 Page 2 of 3
consequent proceedings emanating therefrom.

7. In view of the above, the petition is allowed FIR No. 1230 of
2014 under Sections 498A/406/34 IPC registered at Police Station
Mandawali, Delhi and the consequent proceedings emanating there
from are quashed.

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

OCTOBER 04, 2018 SANJEEV SACHDEVA, J
‘rs’

CRL.M.C. 5065/2018 Page 3 of 3

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