* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 03.10.2018
+ CRL.M.C. 4703/2018
SHRI VIRENDER KUMAR ORS ….. Petitioners
STATE ANR ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Ms. Padma Priya, Mr. Arpit Agrawal, Mr. Sanjeev Rawat
and Ms. Maulshree Pathak, Advs.
For the Respondents : Mr. Kewal Singh Ahuja, APP for the State
with ASI Arun Kumar ASI Teja Ram
HON’BLE MR JUSTICE SANJEEV SACHDEVA
SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 32149/2018 (Exemption)
Allowed, subject to all just exceptions.
Crl. M.A. 32150/2018 (condonation of delay in re-filing)
For the reasons stated in the application, the delay in re-filing the
petition is condoned. The application is disposed of.
CRL.M.C. 4703/2018 Page 1 of 3
1. Petitioners seek quashing of FIR No. 122 of 2012 under Sections
498A/406/34 of the IPC registered at Police Station Najafgarh, Delhi,
based on a settlement.
2. Subject FIR emanates out of matrimonial discord.
3. Learned counsel for the petitioners submits that the parties have
settled their disputes and they have started residing together amicably.
Settlement dated 23.10.2015 has been executed before Delhi Mediation
Centre, Dwarka Courts, Delhi. Both the parties undertake that they
shall abide by the settlement terms.
4. The 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.
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 the respondent No.2 has stated that she does not wish to
press the complaint any further and the fact that the parties have started
residing together amicably and happily, 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
CRL.M.C. 4703/2018 Page 2 of 3
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. 122 of
2012 under Sections 498A/406/34 of the IPC registered at Police
Station Najafgarh, Delhi and the consequent proceedings emanating
there from are quashed.
7. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
OCTOBER 03, 2018
CRL.M.C. 4703/2018 Page 3 of 3