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Sh. Tejbir Singh & Ors. vs State & Anr. on 10 October, 2018

$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10.10.2018
+ CRL.M.C. 5192/2018
SH. TEJBIR SINGH ORS. ….. Petitioners

versus

STATE ANR. ….. Respondents

Advocates who appeared in this case:
For the Petitioners : Mr. Mahesh Verma, Advocate.
.

For the Respondents : Mr. Kamal Kumar Ghai, APP for the
State.
SI Azad Singh, PS Ranhola.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

10.10.2018
SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.33980/2018 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 5192/2018

1. Petitioners seek quashing of FIR No.804/2015 under Sections
498A/
406/34 IPC, Police Station Ranhola.

2. Subject FIR emanates out of matrimonial discord. Petitioner

Crl.M.C.5192/2018 Page 1 of 3
No.1 is the husband of respondent No.2. Petitioner No.2 is the
mother-in-law of the respondent No.2. Petitioner Nos.3 and 4 are the
brother-in-law of the respondent No.2. Petitioner No.5 is the sister-in-
law of the respondent No.2.

3. Learned counsel for the petitioners submits that parties have
settled their disputes and a Settlement Deed dated 21.01.2017 has
been executed between the parties. Parties have already been divorced
by way of a decree of divorce by mutual consent, passed on
14.11.2017.

4. As per the settlement, custody of the minor child is to remain
with the respondent No.2. Petitioners, who are present in Court in
person, undertake that they shall not claim any rights contrary to the
settlement terms. The undertaking is accepted.

5. Respondent No.2 is present in person and is identified by the
Investigating Officer. She submits that she has settled her disputes
with the petitioners and does not wish to press charges against the
petitioners and prosecute the complaint any further.

6. 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 the respondent No.2 has stated that she does not wish to
press the complaint any further and the fact that the parties have
already been divorced by way of a decree of divorce by mutual

Crl.M.C.5192/2018 Page 2 of 3
consent, passed on 14.11.2017, 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.

7. In view of the above, the petition is allowed. FIR No.804/2015
under
Sections 498A/406/34 IPC, Police Station Ranhola and the
consequent proceedings emanating there from are quashed.

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

OCTOBER 10, 2018 SANJEEV SACHDEVA, J
st

Crl.M.C.5192/2018 Page 3 of 3

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