High CourtsSingle Bench(2018) 09 DEL CK 0052

Vishal Gupta & Ors vs State (Govt Of Nct Of Delhi) & Anr

Delhi High Court · Decided on 6 September 2018

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No.4510, 4511 Of 2018

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Judgment

27 paragraphs · 417 words

SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 31480/2018 (Exemption) in CRL.M.C. 4510/2018 Crl. M.A. 31483/2018 (Exemption) in CRL.M.C. 4511/2018

Exemptions are allowed subject to all just exceptions.Â

CRL.M.C. 4510/2018 & CRL.M.C. 4511/2018

1.

The petitioner in Crl.M.C. 4510/2018 seeks quashing of FIR No.286/2014 under Sections 354/354-D/506/509 IPC, Police Station Maurya Enclave.

The petitioners in Crl.M.C. 4511/2018 seek quashing of FIR No.893/2014 under Sections 498A/406/34 IPC, Police Station Maurya Enclave, based on

a settlement

2.

Learned counsel for the petitioners submits that Ms. Jyoti Singhal, sister-in-law of the respondent No.2/complainant though named in the FIR but

was not chargesheeted. He further submits that she has also signed the Memorandum of Settlement between the parties.Â

3.

The subject FIR emanates out of discord between the daughterin-law and the family of the husband. There is no dispute between the husband

and wife. Â

4.

Learned counsel for the parties submit that the parties have settled their disputes and Memorandum of Understanding-cumCompromise Deed-cum-

Family Settlement Deed dated 29.05.2018 has been executed. Learned counsel for the parties submit that the settlement is a holistic settlement

between the entire family and that all disputes between the parties have been fully and finally settled and now there is no dispute pending between the

parties. Â

5.

Learned counsel for the parties further submit that civil proceedings, which were initiated between the parties, have already been settled in terms of

the settlement and appropriate decree has been passed.Â

6.

Respondent No.2 is present in person and is identified by the Investigating Officer. She submits that she has settled her disputes with the

petitioners and does not wish to prosecute the criminal complaints any further and has no objection to the quashing of the subject FIRs. Â

7.

In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press her complaints, 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 petitions are allowed. FIR No.286/2014 under Sections 354/354-D/506/509 IPC, Police Station Maurya Enclave and

FIR No.893/2014 under Sections 498A/406/34 IPC, Police Station Maurya Enclave and the consequent proceedings emanating there from are

quashed.Â

9.

Order Dasti under the signatures of the Court Master.Â