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Narender Sayal & Ors. vs State & Ors. on 1 August, 2018

$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 01.08.2018

+ CRL.M.C. 3831/2018
NARENDER SAYAL ORS ….. Petitioners

versus

STATE ORS ….. Respondents
Advocates who appeared in this case:
For the Petitioners : Ms. Nimmi Sharma, Adv.

For the Respondent: Mr. Kamal Kumar Ghai, Addl. PP for the State with
SI Bijender Singh, P.S. Madhu Vihar
Ms. Manju Dutt, Adv. for R-2

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

01.08.2018

SANJEEV SACHDEVA, J. (ORAL)
CRL.M.C. 3831/2018

1. The petitioners seek quashing of FIR No.449 of 2016 under
Sections 498A/406/34 of the IPC at Police Station Madhu Vihar, New
Delhi, based on a settlement.

2. The subject FIR emanates out of matrimonial discord.
Petitioner No.1 is the husband of respondent No.2. Petitioner No.2 is
the father-in-law and petitioner No.3 is the mother-in-law of the

CRL.M.C. 3831/2018 Page 1 of 3
respondent No.2. Petitioner No.4 is the sister-in-law of the respondent
No.2.

3. The respondent No.2 is present in person, represented by
counsel and is identified by the Investigating Officer.

4. Petitioner No.1 and respondent No.2 who appear in person
submit that they have settled their disputes and they have started
living together amicably as husband and wife since March, 2017.
Even a child has been born thereafter. Respondent No.2 further
submits that she has settled all her disputes with her husband and his
family and does not wish to prosecute the complaint either against her
husband or against her father-in-law, mother-in-law and sister-in-law
who are petitioner Nos.2, 3 and 4 respectively. She submits that in
view of the fact that she has settled with her husband, she wants to
restore the family ties and wants that the FIR be quashed.

5. In view of the fact that the disputes between the petitioner No.1
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 FIR and the consequent proceedings emanating
there from.

CRL.M.C. 3831/2018 Page 2 of 3

6. In view of the above, the petition is allowed. FIR No.449 of
2016 under Sections 498A/406/34 of the IPC at Police Station Madhu
Vihar, New Delhi and the consequent proceedings emanating there
from are accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
AUGUST 01, 2018
ns

CRL.M.C. 3831/2018 Page 3 of 3

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