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Parveen Kumar & Anr. vs State Of Nct Of Delhi & Ors. on 1 August, 2018

$~65 70
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 01.08.2018
+ CRL.M.C. 3825/2018
PARVEEN KUMAR ANR ….. Petitioners

versus

STATE OF NCT OF DELHI ORS ….. Respondents

+ CRL.M.C. 3828/2018
PARVEEN KUMAR ….. Petitioner

versus

THE STATE OF NCT OF DELHI ORS ….. Respondents

Advocates who appeared in this case:

For the Petitioner : Mr. Arun Sheoran and Mr. Anil Tomar, Advs.

For the Respondents: Ms. Neelam Sharma, Addl. PP for
the State with SI Ashwani, PS Jyoti Nagar (Crl.
M.C.3825/2018)
Mr. Kamal Kr. Ghai, Addl. PP for the State
with SI Ashwani, PS Jyoti Nagar (Crl.
M.C.3828/2018)
Mr. Sushil Kumar, Adv. for R-2

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

01.08.2018

CRL.M.C. 3825/2018 3828/2018 Page 1 of 3
SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 29058/2018 (Exemption) in Crl. M.C.3828/2018 Crl.
M.A. 29050/2018 (Exemption) in Crl. M.C.3825/2018)

Allowed, subject to all just exceptions.

CRL.M.C. 3825/2018 CRL.M.C. 3828/2018

1. The petitioners, in Crl.M.C.3825/2018, seek quashing of FIR
No.302 of 2012 under Sections 498A/406/34 of the IPC and Section 4
of Dowry Prohibition Act, Police Station Jyoti Nagar, New Delhi and
the petitioner, in Crl. M.C.3828/2018, seeks quashing of FIR No.235
of 2012 under Sections 354/323/34 IPC, Police Station Jyoti Nagar,
based on a settlement arrived at before the Delhi Mediation Centre,
Karkardooma Courts, Delhi on 05.11.2014.

2. It is contended that the FIRs were lodged consequent to a
matrimonial discord. It is submitted that respondent No.2 and the
brother of petitioner No.1 were husband and wife and have already
taken divorced by mutual consent. The FIR qua the other family
members have already been quashed by order dated 22.01.2016 of this
court.

3. Respondent no. 2 who is present in court in person represented
by counsel and is identified by the Investigating Officer. She
confirms that she has settled the matter with the petitioners and does
not wish to press the criminal charges against the petitioners any
further.

CRL.M.C. 3825/2018 3828/2018 Page 2 of 3

4. In view of the fact that the disputes between the petitioners 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 FIRs and the consequent proceedings emanating
therefrom.

5. In view of the above, both the petitions are allowed. FIR No.
302 of 2012 under Sections 498A/406/34 of the IPC and Section 4 of
Dowry Prohibition Act, Police Station Jyoti Nagar and FIR No. 235 of
2012 under Sections 354/323/34 IPC, Police Station Jyoti Nagar and
the consequent proceedings emanating there from are, accordingly
quashed.

6. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
AUGUST 01, 2018
ns

CRL.M.C. 3825/2018 3828/2018 Page 3 of 3

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