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Vipin Kumar Sharma & Ors. vs State & Anr. on 8 October, 2018

$~88
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 08.10.2018

+ CRL.M.C. 5136/2018

VIPIN KUMAR SHARMA ORS. ….. Petitioners

versus

STATE ANR. ….. Respondents
Advocates who appeared in this case:

For the Petitioners : Mr.Manmohan Mr.Manoj Kumar Sharma,
Advocates with petitioners in person.

For the Respondents : Mr.Hirein Sharma, APP for the State
Mr.Sushant Sagar, Advocate for R-2
with R-2 in person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

08.10.2018
SANJEEV SACHDEVA, J. (ORAL)

CRL.M.A.Nos.33802-33803/2018

Exemption allowed, subject to all just exceptions.
The applications are disposed of.

CRL.M.C. 5136/2018 Page 1 of 3

CRL.M.C. 5136/2018

1. Petitioners seek quashing of FIR No. 291 of 2016 under
Sections 406/498A/34 IPC, registered at Police Station Jagat Puri and
consequent proceedings emanating therefrom, based on a settlement.

2. Subject FIR emanates out of matrimonial discord.

3. It is stated by the learned counsel for the petitioner that the
co-accused Amit has since expired, the parties have reconciled their
dispute before the Delhi Mediation Centre, Karkardooma Courts vide
settlement agreement dated 28th September, 2018.

4. The Respondent No.2, who is wife of the petitioner No.1 has
started living with the petitioner No.1. The parties are present in the
court in person and submit that they have amicably resolved their
dispute.

5. The respondent No.2 is present in person and 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 respondent No.2
has started living together with the petitioner No.1, continuation of

CRL.M.C. 5136/2018 Page 2 of 3
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 of FIR No. 291 of
2016 under
Sections 406/498A/34 IPC registered at Police Station
Jagat Puri and the consequent proceedings emanating there from are
quashed.

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

OCTOBER 08, 2018 SANJEEV SACHDEVA, J
‘hkaur’

CRL.M.C. 5136/2018 Page 3 of 3

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