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Gitesh Ramdeva vs State Nct Of Delhi & Ors. on 11 July, 2018

$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 11.07.2018

+ CRL.M.C. 3322/2018
GITESH RAMDEVA ….. Petitioner
versus

STATE NCT OF DELHI ORS ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr.Vinay Mohan Sharma, Adv.

For the Respondent: Mr. Sanjeev Sabharwal, Addl. PP for
the State with SI Amit Kundu, P.S.Moti Nagar
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

11.07.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No. 1258 of 2014 under
Sections 498A/406/34 of the IPC at Police Station Moti Nagar, New
Delhi, based on a settlement. It is contended that the FIR was lodged
consequent to a matrimonial discord.

2. The subject FIR was registered against the petitioner as well as
respondent Nos.3 4. Petitioner is the husband of respondent No.2.
Respondent No.3 is the mother of petitioner and respondent No.4 is
the sister of the petitioner.

CRL.M.C. 3322/2018 Page 1 of 3

3. Learned counsel appearing for the petitioner as well as
respondent No.2 who appears in person submit that they have settled
their disputes and they have started living together amicably as
husband and wife. Respondent No.2 further submits that she has
settled all her disputes with her husband and does not wish to
prosecute the complaint either against her husband or against her
mother-in-law and sister-in-law who are respondent Nos.3 4. She
submits that in view of the fact that she has settled with her husband
and wants to restore the family ties, she wants that the entire FIR be
quashed against the petitioner as well as respondent Nos.3 4.

4. Notice was sent to respondent No.3 4. Respondent No.4 is
present in Court in person. She submits that respondent No.3, her
mother could not be present in person as she is not well and is
suffering from severe arthritis and is on bed rest. She, however,
submits that she has no objection to the quashing of the FIR even
against her and her mother.

5. In view of the fact that the disputes between the petitioner and
respondent No.2 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 FIRs and the consequent proceedings emanating

CRL.M.C. 3322/2018 Page 2 of 3
there from.

6. In view of the above, the petition is allowed. FIR No. 1258 of
2014 under
Sections 498A/406/34 of the IPC at Police Station Moti
Nagar, New Delhi and the consequent proceedings therefrom are,
accordingly quashed as against the petitioner and also respondents 3
and 4.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
JULY 11, 2018/rk

CRL.M.C. 3322/2018 Page 3 of 3

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