Manoj Kumar & Ors vs.the State & Anr

Manoj Kumar & Ors vs The State & Anr

Type Court Judgment Court Delhi Decided Oct 08, 2018

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https://sooperkanoon.com/case/1218546

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Citation: sooperkanoon.com/1218546
Court: Delhi High Court
Decided On: Oct 08, 2018
Subject: Miscellaneous

Case Summary

AI-generated summary - not the official court judgment text.

Miscellaneous

Key legal issue: Miscellaneous

Parties & Advocates

Appellant / Petitioner

Manoj Kumar & Ors

Respondent

The State & Anr

Excerpt

.....16.02.2017. settlement agreement dated 30.07.2018 has also been executed between the parties.4. parties are present in court in person. they submit that they have reconciled their disputes and after they have started living together, a child has also been born.5. respondent no.2 is present in person, represented by counsel and 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.6. 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 petitioner no.1 and respondent no.2 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 crl.m.c. 5117/2018 page 2 of 3 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.7. in view of the above, the petition is allowed. fir no.988/2016, under sections 498a/4ipc, police station mangol puri and the consequent proceedings emanating there from are quashed.8. order dasti under the signatures of the court master. october08 2018 nr sanjeev sachdeva, j crl.m.c. 5117/2018 page 3 of 3

Full Judgment

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 5117/2018 Judgment delivered on:08.10.2018 MANOJ KUMAR & ORS THE STATE & ANR versus ........ Petitioner

s ........ RESPONDENTS

Advocates who appeared in this case: For the... Petitioner

s : Mr. Dinesh Kumar and Mr. Surinder Kumar, Advocates along with petitioners in person For the... RESPONDENTS

: Mr. Hirien Sharma, APP for State with SI Ved Pal Sharma, PS Mangol Puri Ms. Madhvi Gautam and Mr. Nitesh Khatri, Advs. for R-2 along with R-2 in person CORAM:-

"HON’BLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT0810.2018 SANJEEV SACHDEVA, J.

(ORAL) Crl.M.A.33721/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 5117/2018 1.... Petitioner

s seek quashing of FIR No.988/2016, under Sections 498A/4
IPC, Police Station Mangol Puri, based on a settlement. It is contended that petitioner no.1 is the husband of the 2. CRL.M.C. 5117/2018 Page 1 of 3 respondent No.2. The subject FIR was lodged consequent to a matrimonial discord.

3. Learned counsel for the petitioners submit that the petitioner no.1 and respondent No.2 have resolved their disputes and are amicably residing together as husband and wife since 16.02.2017. Settlement agreement dated 30.07.2018 has also been executed between the parties.

4. Parties are present in Court in person. They submit that they have reconciled their disputes and after they have started living together, a child has also been born.

5. Respondent No.2 is present in person, represented by counsel and 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.

6. 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 petitioner No.1 and respondent No.2 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 CRL.M.C. 5117/2018 Page 2 of 3 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.

7. In view of the above, the petition is allowed. FIR No.988/2016, under Sections 498A/4
IPC, Police Station Mangol Puri and the consequent proceedings emanating there from are quashed.

8. Order Dasti under the signatures of the Court Master. OCTOBER08 2018 NR SANJEEV SACHDEVA, J CRL.M.C. 5117/2018 Page 3 of 3

Same Court & Year Delhi · 2018 Same Parties Manoj Kumar & Ors vs The State & Anr Same Subject Miscellaneous