High CourtsSingle Bench(2018) 07 DEL CK 0534

Deepak Sharma & Ors vs State (Govt. Of Nct Of Delhi) & Anr

Delhi High Court · Decided on 30 July 2018

HON’BLE JUDGES
SANJEEV SACHDEVA, J
RESULT
Allowed
CASE NUMBER
Criminal M.C. 3728 OF 2018

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Judgment

21 paragraphs · 342 words

SANJEEV SACHDEVA, J

Crl. M.A. 28727/2018 (Exemption)Â

Allowed, subject to all just exceptions.Â

CRL.M.C. 3728/2018

1.

The petitioners seek quashing of FIR No. 809 of 2016 under Sections 498A/406 of the IPC Police Station Uttam Nagar, New Delhi, based on a

settlement arrived at before the Delhi Mediation Centre, Rohini Courts, Delhi on 28.02.2018. It is contended that the FIR was lodged consequent to a

matrimonial discord.Â

2.

Learned counsels for the parties submit that the parties have settled their disputes and have amicably dissolved their marriage by mutual consent

and decree of divorce dated 23.04.2018 has been passed. It is further submitted on behalf of the parties that parties had entered into the settlement

before the Delhi Mediation Centre, Dwarka Courts, New Delhi on 19.07.2017. As per the settlement, a total sum of Rs. 7 lakhs has been agreed

to be paid to respondent no. 2.Â

3.

Respondent no. 2 is present in court in person, represented by her counsel and is identified by the Investigating Officer. She confirms that she

has received the entire sum of Rs. 7 lakhs. Respondent no. 2 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.Â

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.Â

5.

In view of the above, the petition is allowed. FIR No. 809 of 2016 under Sections 498A/406 of the IPC Police Station Uttam Nagar, New Delhi

and the consequent proceedings therefrom are, accordingly quashed.Â

6.

Order Dasti under signatures of the Court Master.  Â