Ravi Sharma v. State

Delhi High Court · 30 Jul 2018 · 2018:DHC:4630
Sanjeev Sachdeva
CRL.M.C. 3756/2018
2018:DHC:4630
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 506, 509, 498A, 323, 34 IPC and Dowry Prohibition Act based on amicable settlement and reconciliation between parties in a matrimonial dispute.

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CRL.M.C. 3756/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 30.07.2018
CRL.M.C. 3756/2018 & Crl. M.A. 28820/2018
RAVI SHARMA ..... Petitioner
versus
STATE & ANR ..... Respondents Advocates who appeared in this case:
For the Petitioner : Mr. P.N. Sharma & Mr. Tanuj Sharma, Advocate .
For the Respondent: Mr. Raghuvinder Verma, Addl. PP for the State with SI Ramesh Kumar
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
30.07.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No. 496 of 2016 under Sections 506/509/498A/323/34 of the IPC read with Section 4 of Dowry Prohibition Act Police Station Sultan Puri, New 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 the parties have settled their disputes and reconciled their differences. Petitioner no. 1 and 2018:DHC:4630 CRL.M.C. 3756/2018 respondent no. 2/complainant have started residing together amicably.

3. Respondent no. 2 who is present in court in person and is identified by the Investigating Officer. She confirms that she is living together with the petitioner happily and has no complaint against the petitioner. Respondent no. 2 further submits that she has settled the dispute with the petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any further.

4. 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 and they have started living together, 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.

5. In view of the above, the petition is allowed. FIR No. 496 of 2016 under Sections 506/509/498A/323/34 of the IPC read with Section 4 of Dowry Prohibition Act Police Station Sultan Puri, New Delhi and the consequent proceedings emanating there from are, accordingly quashed.

6. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 30, 2018 ‘rs’