Avinash Bhushan Keshry vs State & Anr

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.30677/2018 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 4296/2018 & Crl.M.A.30678/2018 (for condonation of delay in re-filing)

The petitioner seeks quashing of FIR No.84/2013 under Sections 498A/406/34 IPC, Police Station Badarpur.Â

The subject FIR emanates out of matrimonial discord. Petitioner is the husband of respondent No.2.

Learned counsel for the petitioner submits that the disputes between the parties have been settled and the terms of settlement have been recorded

in a joint petition filed by the parties under Section 13B(2) of the Hindu Marriage Act before the Family Court, Saket. The parties have already been

divorced by way of a decree of divorce by mutual consent, passed on 12.04.2018.

The respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. She submits that she has settled her

disputes with the petitioner and does not wish to press charges against the petitioner and prosecute the complaint any further.

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 consent, passed on 12.04.2018, 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.

In view of the above, the petition is allowed. FIR No.84/2013 under Sections 498A/406/34 IPC, Police Station Badarpur and the consequent

proceedings emanating there from are quashed.

Order Dasti under the signatures of the Court Master.