Harvinder Singh & Ors. v. State (NCT of Delhi) & Anr

Delhi High Court · 02 Jul 2019 · 2019:DHC:3141
Sanjeev Sachdeva
CRL.M.C. 3124/2019
2019:DHC:3141
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC arising from matrimonial discord based on a full settlement and the complainant's consent to discontinue proceedings.

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CRL.M.C. 3124/2019
HIGH COURT OF DELHI
JUDGMENT
delivered on:02.07.2019
CRL.M.C. 3124/2019
HARVINDER SINGH & ORS ..... Petitioners
versus
STATE (NCT OF DELHI) & ANR .... Respondents Advocates who appeared in this case:
For the Petitioner : Mr. V.C. Gautam, Advocate.
For the Respondents : Ms. Manjeet Arya, APP for the State with Inspr.
Asha, CWC Nanak Pura.
Mr. Suresh Kumar, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.12851/2019 (exemption)
Exemption is allowed subject to all just exceptions.

1. Petitioners seek quashing of FIR No.113/2015, under Sections 498A/406/34 IPC, Police Station Crime (Women) Cell, Nanakpura, based on a settlement.

2. Subject FIR emanates out of a matrimonial discord. 2019:DHC:3141

3. Petitioner No.1 is the husband of the prosecutrix respondent No.2. Petitioner No.2 is the mother-in-law of the respondent No.2. Petitioner No.3 is the husband of the sister of the petitioner No.1. Petitioner No.4 is the wife of the petitioner No.3 and sister of petitioner No.1.

4. Learned counsel for the parties submit that parties have now resolved their disputes and a Compromise Deed dated 12.10.2016 has been executed. As per the settlement, parties have reconciled their disputes and agreed to reside together. Parties have been living together for the last three years.

5. Respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. She submits that she has settled with the petitioner and is residing with them amicably and does not wish to press the present her complaint and has no objection to the quashing of the subject FIR.

6. 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 the respondent No.2 has stated that she does not wish to press the complaint any further and the fact that the parties have started residing together amicably and happily, 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.

7. In view of the above, the petition is allowed. FIR No.113/2015, under Sections 498A/406/34 IPC, Police Station Crime (Women) Cell, Nanakpura and the consequent proceedings emanating there from are quashed.

8. Order Dasti under the signatures of the Court Master. JULY 02, 2019 SANJEEV SACHDEVA, J st