Vaibhav Goel & Anr v. The State & Anr

1. Petitioners seek quashing of FIR No. 559 of 2016 under Sections 498A/406/323/506/34 of the IPC registered at Police Station Vivek Vihar, Delhi, based on a settlement. It is contended that the FIR was lodged consequent to a matrimonial discord.

2. Learned counsels for the parties submit that parties have entered into a settlement and they have been living together as husband and wife since 26.01.2017.

3. It is contended that the parties have reconciled their dispute and have started living together amicably. Petitioner no. 1-husband is present in 2018:DHC:6742 CRL.M.C. 5284/2018 person in Court today. He undertakes that he shall take care of his family and shall abide by the terms of the settlement. The undertaking is accepted.

4. Respondent no. 2 is present in court in person, represented by counsel and is identified by the IO. Respondent no. 2 submits that she has settled the dispute with the petitioners and has started living together with her husband. She is agreeable to the settlement and does not wish to press criminal charges against the petitioners any further.

5. In view of the fact that the disputes between the petitioners and respondent no. 2 emanate out of a matrimonial discord and have been settled, 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.

6. In view of the above, the petition is allowed. FIR No. 559 of 2016 under Sections 498A/406/323/506/34 of the IPC registered at Police Station Vivek Vihar, Delhi and the consequent proceedings emanating there from are, accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J OCTOBER 15, 2018 ‘rs’