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Fateh Chand Sharma & Ors. vs State & Anr. on 30 August, 2018

$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 30.08.2018

+ CRL.M.C. 4403/2018
FATEH CHAND SHARMA ORS ….. Petitioners

versus

STATE ANR ….. Respondents
Advocates who appeared in this case:
For the Petitioners : Mr.Ajay Gulati, Adv.

For the Respondents: Mr.Kamal Kr.Ghai, APP with ASI Surinder Dutt,
P.S.Hari Nagar.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

30.08.2018

SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.31030/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4403/2018

1. The petitioners seek quashing of FIR No.29/2013 under
Sections 498A IPC, Police Station Adarsh Nagar.

2. The subject FIR emanates out of matrimonial discord.
Petitioner No.1 is the grandfather of petitioner No.4, the husband and

CRL.M.C. 4403/2018 Page 1 of 3
is stated unwell and presently at Sonepat. Learned counsel for the
petitioners submits that call was received in the morning and
petitioner No.4 had to rush to Sonepat to take care of his grandfather.
He prays that they may be exempted from personal appearance. In
view of the above and the affidavits filed in support of the petition,
they are granted exemption from personal appearance.

3. As per the FIR, allegations are also made against Pawan
Kumar, brother-in-law of the complainant, however, as informed by
APP no chargesheet was filed against him as investigation did not
reveal any incriminating material against him.

4. Learned counsel for the petitioners submits that the parties have
reconciled their disputes and are amicably residing together as
husband and wife since 1st May, 2013.

5. 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.

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 have started living together and further the respondent
No.2 has stated that she does not wish to press the complaint any

CRL.M.C. 4403/2018 Page 2 of 3
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.

7. In view of the above, the petition is allowed. FIR No.29/2013
under Sections 498A IPC, Police Station Adarsh Nagar, New Delhi
and the consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J
AUGUST 30, 2018
rk

CRL.M.C. 4403/2018 Page 3 of 3

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