Sonu Kumar & Bhawna Kumari & Ors. v. State of GNCT Delhi

Delhi High Court · 10 Aug 2018 · 2018:DHC:5033
Sanjeev Sachdeva
CRL.M.C. 4025/2018
2018:DHC:5033
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under dowry and cruelty laws arising from matrimonial discord after the parties reconciled and the complainant withdrew charges.

Full Text
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CRL.M.C. 4025/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 10.08.2018
CRL.M.C. 4025/2018
SONU KUMAR & BHAWNA KUMARI & ORS.... Petitioners
versus
STATE OF GNCT DELHI ..... Respondent Advocates who appeared in this case:
For the Petitioners : Mr. Vinod Bhardwaj, Advocate.
For the Respondent: Mr. Kamal Kumar Ghai, APP for the
State.
SI Sanjay Kumar, PS Harsh Vihar.
Mr. Rahul Sharma, Advocate for R-2.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
10.08.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No.94/2018 under Sections 406/498A/506/34 IPC and Section 4 Dowry Prohibition Act, Police Station Harsh Vihar.

2. The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.[2] 2018:DHC:5033 and 3 are the father-in-law and mother-in-law of the respondent No.2. Petitioner No.4 is the brother-in-law of the respondent No.2.

3. Learned counsel for the petitioners submits that the parties have reconciled their disputes and are amicably residing together as husband and wife.

4. The respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. She submits that she has amicably resolved the disputes with her husband and they are now cohabiting together. She submits that she does not wish to press charges against the petitioners and has no objection to the quashing of the subject FIR.

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 have started living together and further the respondent No.2 has stated that she does 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.94/2018 under Sections 406/498A/506/34 IPC and Section 4 Dowry Prohibition Act, Police Station Harsh Vihar and the consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J AUGUST 10, 2018 st