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Judgment
SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 30200/2018(Exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4165/2018 & Crl. M.A. 30199/2018
Learned counsel for the petitioner submits that petitioner no. 5 and 6 could not be present today on account of heavy traffic. He submits that they
have filed affidavits in support of the petition and are agreeable to the quashing of the subject FIR. He prays that they may be granted exemption from
personal appearance. In view of the above, petitioner no. 5 and 6 are exempted from their personal appearance.
The petitioners seek quashing of FIR No. 231 of 2008 under Sections 498A of the IPC, Police Station Saraswati Vihar, New Delhi, based on a
settlement.
Subject FIR emanates out of a matrimonial discord.
Petitioners and respondent No.2 who appears in person submit that they have settled their disputes before the Delhi Mediation Centre, Rohini
Courts, Delhi on 20.02.2018. As per the settlement, parties have reconciled the disputes and Petitioner No.1 and respondent No.2 have started living
together amicably as husband and wife.
The respondent No.2 is present in person, represented by counsel 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 disputes between the parties have been settled and Petitioner No.1 and respondent No.2 have started living together,
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 there from.
In view of the above, the petition is allowed. FIR No. 231 of 2008 under Sections 498A of the IPC, Police Station Saraswati Vihar, New Delhi and
the consequent proceedings therefrom are, accordingly quashed.
Order Dasti under signature of the Court Master.