Sh. Mahaveer Prasad Saini vs State & Anr.

DINESH KUMAR SHARMA, J. (Oral)

Exemption allowed subject to all just exceptions.

This is a petition seeking quashing of FIR No. 38/2021 registered at P.S. Chhawala under Section 354 IPC.

Learned counsel for the petitioner has submitted that in fact the present FIR is one of the offshoots of the matrimonial disputes between the petitioner and his wife Smt. Madhubala Saini. Learned counsel for the petitioner submits that the matrimonial dispute between the husband and wife has been settled vide Settlement Agreement dated 03.03.2022 recorded at Delhi Mediation Centre, Rohini District Courts, Delhi. In pursuance to the settlement, the parties have started residing together and a quietus has been put to all other cases.

The complainant is also present in Court with her mother Smt. Madhubala Saini. The complainant is pursuing her BDS from Manav Rachna Dental College, Faridabad. The complainant also states that since the matrimonial disputes between her parents have been settled, she also does not want to pursue the present FIR.

Learned Additional Standing Counsel for the State submits that though the offence under Section 354 IPC is a serious offence. However, in the present case it was a one off incident of scuffle between the parents of the complainant. Learned Additional Standing Counsel submits that since it is an exceptional case, she will have no objection if the FIR is quashed.

The affidavit of the complainant has also been placed on record. The complainant has stated before the Court that she has executed the affidavit dated 23.11.2022 voluntarily at her own free will, without any coercion.

In view of the statement of the complainant, the case FIR No. 38/2021 registered at P.S. Chhawala under Section 354 IPC and all the proceedings emanating therefrom, are quashed.

The present petition stands disposed of.