Yogesh Sharma v. The State (Govt of NCT of Delhi) & Ors.

Delhi High Court · 11 Sep 2018 · 2018:DHC:5853
Sanjeev Sachdeva
CRL.M.C. 3056/2018
2018:DHC:5853
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC arising from a matrimonial dispute following a settlement between parties and the death of the complainant.

Full Text
Translation output
CRL.M.C. 3056/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on:11.09.2018
CRL.M.C. 3056/2018
YOGESH SHARMA ..... Petitioner
versus
THE STATE ( GOVT OF NCT OF DELHI) &ORS....
Respondents Advocates who appeared in this case:
For the Petitioner : Mr.Vinod Kumar, Adv. For the Respondents : Ms.Neelam Sharma, APP for the State with SI
Madan Lal, P.S.Dabri.
Mr.Suresh Kumar, Adv. for R-2 & 3.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
11.09.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No.894/2006 under Sections 498A/406/34 IPC, Police Station Dabri.

2. The subject FIR emanates out of matrimonial discord.

3. It is informed that the complainant has since expired because of natural ailments. The petitioner has settled with the parents of the complainant through the process of mediation held before Delhi Mediation Centre, Dwarka Courts, Delhi and settlement agreement 2018:DHC:5853 CRL.M.C. 3056/2018 dated 20.01.2018 has been executed.

4. The respondents Nos.[2] & 3, parents of the complainant are present in person, represented by counsel and identified by the Investigating Officer. They submit that they have settled disputes with the petitioner and do not wish to press charges against the petitioner 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 the respondent Nos.[2] & 3 have stated 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.894/2006 under Sections 498A/406/34 IPC, Police Station Dabri and the consequent proceedings emanating there from are quashed.

7. Order Dasti under the signatures of the Court Master.

SEPTEMEBER 11, 2018 SANJEEV SACHDEVA, J rk