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Mohd. Arif vs State & Anr. on 12 July, 2018

$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 12.07.2018
+ CRL.M.C. 3063/2018
MOHD. ARIF ….. Petitioner
versus

STATE ANR ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Ms. Padma Priya with Mr. Anchit
Bhandari, Advocates.

For the Respondent: Mr. Kamal Kr. Ghai, Addl. PP for
the State with IO
Respondent No. 2 to 6 in person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

12.07.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No. 257 of 2015 under
Sections 498A/406/34 of the IPC read with Section 4 of the Dowry
Prohibition Act at Police Station Welcome Colony, Delhi, based on a
settlement. It is contended that the FIR was lodged consequent to a
matrimonial discord.

2. Apart from the petitioner, respondent no. 3 to 6 are also co-
accused. Respondent no. 3 is father of the petitioner-husband,

CRL.M.C. 3063/2018 Page 1 of 3
respondent no. 4 is the mother of the petitioner, respondent no. 5 is
brother of the petitioner and respondent no. 6 is the sister of the
petitioner-husband.

3. Learned counsel for the petitioner and respondent No. 2 submit
that the parties have settled their disputes before Delhi Mediation
Centre at Karkardooma, Delhi on 12.01.2018. As per the settlement,
respondent no. 2 has started living with the petitioner at her
matrimonial home.

4. Respondent no. 2 who is present in court in person and is
identified by the Investigating Officer, submits that since she has
settled the dispute with her husband-petitioner and is living with him,
she does not wish to press the criminal charges against the petitioner
or her in-laws also any further. Respondents no. 3 to 6 are also
present in person in Court. They pray that the subject FIR be also
quashed qua them.

5. In view of the fact that the disputes between the petitioner,
Respondents no. 3 to 6 and respondent no. 2 emanate out of a
matrimonial discord and have been settled, 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.

CRL.M.C. 3063/2018 Page 2 of 3

6. In view of the above, the petition is allowed. FIR No. 257 of
2015 under
Sections 498A/406/34 of the IPC read with Section 4 of
the Dowry Prohibition Act at Police Station Welcome Colony, Delhi
and the consequent proceedings therefrom are, accordingly quashed as
against the petitioner and Respondents no. 3 to 6.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
JULY 12, 2018
‘rs’

CRL.M.C. 3063/2018 Page 3 of 3

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