Narender Gautam & Ors. v. The State & Ors.

Delhi High Court · 09 Oct 2018 · 2018:DHC:6570
Sanjeev Sachdeva
CRL.M.C. 5167/2018
2018:DHC:6570
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR arising from matrimonial discord on the basis of a settlement between the parties and their unwillingness to prosecute further.

Full Text
Translation output
CRL.M.C. 5167/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on:09.10.2018
CRL.M.C. 5167/2018
NARENDER GAUTAM & ORS ..... Petitioners
versus
THE STATE & ORS ..... Respondents Advocates who appeared in this case:
For the Petitioners : Mr. Hemant Verma with Ms. Pooja Chauhan, Advocates.
For the Respondents : Mr. Hirein Sharma, APP for State.
SI Karamvir, PS Narela.
Respondent nos. 2 to 5 in person.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
09.10.2018 SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.33903/2018 (exemption)
Exemption is allowed subject to all just exceptions.

1. The Petitioners seek quashing of FIR No.114/2018 under Sections 452/323/325/506/34 IPC, Police Station – Narela based on a settlement. 2018:DHC:6570

2. Subject FIR emanates out of disputes between the family. The petitioners are the daughter-in-law and the family of the daughter-inlaw and respondent no.2 is the mother-in-law and respondent nos. 3 to 5 are the family of the husband. Subject FIR was registered consequent to a matrimonial discord between the families. Parties have settled the disputes. Memorandums of understanding dated 14th and 15th May, 2018 have been executed.

3. Learned counsel for the parties submit that parties have resolved all their disputes even the matrimonial disputes have been resolved.

4. Respondent nos..[2] to 5 are present in person and are identified by the Investigating Officer. They submit that they have settled their disputes with the petitioners and do not wish to press charges against the petitioners and prosecute the complaint any further.

5. 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 respondents state that they do not wish to press the complaint any further, 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.

6. In view of the above, the petition is allowed. FIR No.114/2018 under Sections 452/323/325/506/34 IPC, Police Station – Narela and the consequent proceedings emanating there from are quashed.

7. Order dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J OCTOBER 09, 2018 ak