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Rohtash & Ors. vs The State ( Nct Of Delhi) & Anr. on 16 August, 2018

$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 16.08.2018

+ CRL.M.C. 4126/2018
ROHTASH ORS …. Petitioners
versus

THE STATE ( NCT OF DELHI) ANR ….. Respondents

Advocates who appeared in this case:
For the Petitioners : Ms.Kavita Saini, Advocate.

For the Respondent: Mr.Panna Lal Sharma, APP for the State.
SI Virender Kumar, P.S.K.N.Katju Marg.
Mr.Roshan Saini, Advocate for R-2.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

16.08.2018

SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.30055/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4126/2018

1. Petitioners seek quashing of FIR No.69/2016 under Sections
498A/406/34 IPC and Section 4 Dowry Prohibition Act, Police
Station K.N.Katju Marg.

CRL.M.C. 4126/2018 Page 1 of 3

2. The subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioners submits that the parties have
reconciled their disputes and are amicably residing together as
husband and wife.

4. The respondent No.2 is present in person, represented by
counsel and is 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.

5. 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 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 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.

6. In view of the above, the petition is allowed. FIR No.69/2016
under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition

CRL.M.C. 4126/2018 Page 2 of 3
Act, Police Station K.N.Katju Marg and the consequent proceedings
emanating there from are quashed.

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

SANJEEV SACHDEVA, J
AUGUST 16, 2018
rk

CRL.M.C. 4126/2018 Page 3 of 3

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