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Vaibhav Goel & Anr. vs The State & Anr. on 15 October, 2018


% Judgment delivered on: 15.10.2018

+ CRL.M.C. 5284/2018
VAIBHAV GOEL ANR ….. Petitioners

THE STATE ANR ….. Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Sarvesh Kumar, Adv.

For the Respondents: Mr. Kamal Kr. Ghai, Addl. PP for the State with
W/SI Veera





1. Petitioners seek quashing of FIR No. 559 of 2016 under Sections
498A/406/323/506/34 of the IPC registered at Police Station Vivek 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 and they have been living together as husband and wife since

3. It is contended that the parties have reconciled their dispute and have
started living together amicably. Petitioner no. 1-husband is present in

CRL.M.C. 5284/2018 Page 1 of 2
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. 559 of 2016
under Sections 498A/406/323/506/34 of the IPC registered at Police Station
Vivek Vihar, Delhi and the consequent proceedings emanating there from
are, accordingly quashed.

7. Order Dasti under signatures of the Court Master.

OCTOBER 15, 2018

CRL.M.C. 5284/2018 Page 2 of 2

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