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Judgment
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.31030/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4403/2018
The petitioners seek quashing of FIR No.29/2013 under Sections 498A IPC, Police Station Adarsh Nagar.
The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the grandfather of petitioner No.4, the husband and is stated unwell and
presently at Sonepat. Learned counsel for the petitioners submits that call was received in the morning and petitioner No.4 had to rush to Sonepat to
take care of his grandfather. He prays that they may be exempted from personal appearance. In view of the above and the affidavits filed in support
of the petition, they are granted exemption from personal appearance.
As per the FIR, allegations are also made against Pawan Kumar, brother-in-law of the complainant, however, as informed by APP no chargesheet
was filed against him as investigation did not reveal any incriminating material against him.
Learned counsel for the petitioners submits that the parties have reconciled their disputes and are amicably residing together as husband and wife
since 1st May, 2013.
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.
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.
In view of the above, the petition is allowed. FIR No.29/2013 under Sections 498A IPC, Police Station Adarsh Nagar, New Delhi and the
consequent proceedings emanating there from are quashed.
Order Dasti under the signatures of the Court Master.