High CourtsSingle Bench(2018) 09 DEL CK 0082

Abhitesh Singh & Ors vs State & Anr

Delhi High Court · Decided on 7 September 2018

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No.4524 Of 2018

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Judgment

20 paragraphs · 346 words

SANJEEV SACHDEVA, J. (ORAL)

1.

The petitioners seek quashing of FIR No.201/2015 under Sections 498A/406/34 IPC, Police Station Khyala.

2.

Learned counsel for the petitioners prays for exemption from personal appearance of the petitioner No.4 â€" sister-in-law of the complainant on

the ground that on account of personal problem she could not come to Delhi. She has filed her affidavit in support of the petition.Â

3.

In view of the above, the petitioner No.4 is granted exemption from personal appearance.Â

4.

The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2 and 3 are the

father-in-law and mother-in-law of the respondent No.2. Petitioner Nos.4 & 5 are the sisters-in-law of the respondent No.2.Â

5.

Learned counsel for the parties submits that the parties have resolved their disputes and are amicably residing together as husband and wife since

24.08.2016. Â

6.

The respondent No.2 is present in person 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.Â

7.

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.

8.

In view of the above, the petition is allowed. FIR No.201/2015 under Sections 498A/406/34 IPC, Police Station Khyala and the consequent

proceedings emanating there from are quashed.Â

9.

Order Dasti under the signatures of the Court Master.Â