Pradeep & Ors. v. The State Govt. of NCT of Delhi & Anr.

Delhi High Court · 16 Jul 2018 · 2018:DHC:4195
Sanjeev Sachdeva
Crl.M.C. 497/2018
2018:DHC:4195
criminal petition_allowed

AI Summary

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

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Crl.M.C. 497/2018 HIGH COURT OF DELHI
JUDGMENT
delivered on: 16.07.2018
CRL.M.C. 497/2018
PRADEEP & ORS. ..... Petitioners
versus
THE STATE GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr.Rakesh Sharma, Advocate with petitioners in person
For the Respondents : Mr.Raghuvinder Verma, APP for the State.
S.I. Jasmer Singh, P.S. Jahangir Puri
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R
16.07.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No. 346 of 2007, under Sections 498A/406/34 of IPC, registered at Police Station Jahangir Puri. It is contended that the said FIR was lodged consequent to a matrimonial discord. It is further contended that the complainant has since expired on account of natural reasons.

2. Learned counsels for the petitioners submits that the settlement has been arrived at between the father of the complainant as well as the 2018:DHC:4195 Crl.M.C. 497/2018 petitioners. Compromise Deed dated 16.12.2016 has been executed.

3. Mr. Lal Babu Prashad, father of the complainant, is present in court in person. He submits that he 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, 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. 346 of 2007 under Sections 498A/406/34 of IPC, Police Station Jahangir Puri and the consequent proceedings emanating therefrom are, accordingly quashed.

6. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 16, 2018