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Manoj Kumar & Ors vs The State & Anr on 8 October, 2018

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

% Judgment delivered on:08.10.2018

+ CRL.M.C. 5117/2018
MANOJ KUMAR ORS ….. Petitioners
versus

THE STATE ANR ….. Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Dinesh Kumar and Mr. Surinder
Kumar, Advocates along with petitioners in person

For the Respondents : Mr. Hirien Sharma, APP for State with
SI Ved Pal Sharma, PS Mangol Puri
Ms. Madhvi Gautam and Mr. Nitesh Khatri, Advs.
for R-2 along with R-2 in person

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

08.10.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.33721/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 5117/2018

1. Petitioners seek quashing of FIR No. 988/2016, under Sections
498A/406/34 IPC, Police Station Mangol Puri, based on a settlement.

2. It is contended that petitioner no.1 is the husband of the

CRL.M.C. 5117/2018 Page 1 of 3
respondent No.2. The subject FIR was lodged consequent to a
matrimonial discord.

3. Learned counsel for the petitioners submit that the petitioner
no.1 and respondent no. 2 have resolved their disputes and are
amicably residing together as husband and wife since 16.02.2017.
Settlement agreement dated 30.07.2018 has also been executed
between the parties.

4. Parties are present in Court in person. They submit that they
have reconciled their disputes and after they have started living
together, a child has also been born.

5. Respondent No.2 is present in person, represented by counsel
and 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 petitioner no. 1 and respondent no. 2 have started living
together and further the respondent No.2 has stated that she does not
wish to press the complaint any further, continuation of criminal
proceedings will be an exercise in futility and justice in the case

CRL.M.C. 5117/2018 Page 2 of 3
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. 988/2016,
under Sections 498A/406/34 IPC, Police Station Mangol Puri and the
consequent proceedings emanating there from are quashed.

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

OCTOBER 08, 2018 SANJEEV SACHDEVA, J
NR

CRL.M.C. 5117/2018 Page 3 of 3

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