Dharmender Pandit vs State & Anr (N.C.T. Of Delhi)

SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 28255/2018 (Exemption)

Exemption is allowed subject to all just exceptions.Â

CRL.M.C. 3605/2018Â

The petitioner seeks quashing of FIR No. 38 of 2011 under Sections 498A/406 of the IPC registered at Police Station Begumpur, New Delhi, based

on a settlement. It is contended that the FIR was lodged consequent to a matrimonial discord.Â

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 09.12.2013 has been passed. It is further submitted on behalf of the parties that parties had entered into a settlement on

25.02.2011. As per the settlement, minor child shall remain in the custody of the petitioner with visitation rights as agreed to between the parties

for Respondent no. 2.Â

Respondent no. 2 who is present in court in person is identified by the Investigating Officer.  Respondent no. 2 submits that she has settled the

dispute with the petitioner and is agreeable to the settlement and does not wish to press the criminal charges against the petitioner any further.Â

In view of the fact that the disputes between the petitioner 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

In view of the above, the petition is allowed. FIR No. 38 of 2011 under Sections 498A/406 of the IPC registered at Police Station Begumpur,

New Delhi and the consequent proceedings therefrom are, accordingly quashed.Â

Order Dasti under signatures of the Court Master. Â