High CourtsSingle Bench(2018) 09 DEL CK 0152

Dilawar Khan vs State (Nct Of Delhi) & Anr

Delhi High Court · Decided on 13 September 2018

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No.431 Of 2018

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Judgment

19 paragraphs · 337 words

SANJEEV SACHDEVA, J. (ORAL)

1.

Petitioner seeks quashing of FIR No.832/2015 under Section 307 of the Indian Penal Code (IPC for short) registered at Police Station BugumPur.

2.

The complainant is the wife of the petitioner accused. The allegations in the FIR is that the accused had attempted to strangulate her as he wanted

to leave her and her children and contract a second marriage.Â

3.

Parties have reconciled their disputes.Â

4.

Learned counsel for the petitioner submits that in the MLC, doctor has opined the nature of injury to be simple.Â

5.

Respondent no.2 complainant is present in person, represented through his counsel and identified by the Investigating Officer and submits that she

has settled her disputes with the petitioner and she along with her two minor children are living with the petitioner since January 2018. She submits

that she has no complaint with regard to the behaviour of the petitioner any more. She submits that she has settled with the petitioner and wants to

resume her cordial happy family life. Â

6.

Petitioner who is present in Court in person undertakes that he shall take care of his family and shall not given any cause of complaint to respondent

no.2 with regard to his behaviour. The undertaking is accepted.

7.

In view of the fact that respondent no. 2 has settled with the petitioner and has restored cordial family relations and the family has two minor

children, 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.832/2015 under Section 307 of the IPC registered at Police Station BugumPur and the

consequent proceedings emanating therefrom are, accordingly quashed.

9.

Order Dasti under signatures of the Court Master. Â