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Pramjeet Kaushik & Ors. vs State (Govt. Of Nct Of Delhi) & Anr. on 26 September, 2018

$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 26.09.2018

+ CRL.M.C. 4695/2018
PRAMJEET KAUSHIK ORS ….. Petitioners
versus

STATE (GOVT OF NCT OF DELHI) ANR ….. Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Sajan K. Singh, Adv.

For the Respondents: Mr. Kewal Singh Ahuja,, Addl. PP for the State
with ASI Rajvir Singh
Mr. Parveen Kumar, Advocate for R-2 with R-2 in
person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

26.09.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek quashing of FIR No. 139 of 2011 under Sections
498A/406/34 of the IPC registered at Police Station Vijay Vihar, Delhi,
based on a settlement. It is contended that the FIR was lodged consequent
to a matrimonial discord.

2. Learned counsels for the parties submit that parties have entered into
a settlement before the Delhi Mediation Centre, Rohini Courts, Delhi on
13.04.2018.

3. As per the settlement, the petitioner no. 1-husband has agreed to

CRL.M.C. 4695/2018 Page 1 of 2
maintain both respondent no. 2 as well as his minor daughter. It is
contended that the parties have reconciled the dispute and have started
living together amicably. Petitioner no. 1-husband is present in person in
Court today. He undertakes that he shall take care of his family and shall
abide by the terms of the settlement. The undertaking is accepted.

4. Respondent no. 2 is present in court in person, represented by
counsel and is identified by the IO. Respondent no. 2 submits that she has
settled the dispute with the petitioners and has started living together with
her husband. She is agreeable to the settlement and does not wish to press
criminal charges against the petitioners any further.

5. 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 FIR and the
consequent proceedings emanating there from.

6. In view of the above, the petition is allowed. FIR No. 139 of 2011
under Sections 498A/406/34 of the IPC registered at Police Station Vijay
Vihar, Delhi and the consequent proceedings emanating there from are,
accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SEPTEMBER 26, 2018/’rs’ SANJEEV SACHDEVA, J

CRL.M.C. 4695/2018 Page 2 of 2

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