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Paras Kapil & Ors vs State & Anr

Delhi High Court · Decided on 1 October 2018 · Citation: (2018) 10 DEL CK 0058

HON’BLE JUDGES
Sanjeev Sachdeva, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 406, 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous CaseNo.4954 OF 2018
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Judgment

18 paragraphs · 340 words

SANJEEV SACHDEVA, J

1.

Petitioners seek quashing of FIR No.588/2016 under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, Police Station Bhajan

Pura, based on the settlement. Â

2.

Subject FIR emanates out of matrimonial discord. Â

3.

Learned counsel for the petitioners submits that the parties have settled their disputes and a Settlement/MOU dated 22.05.2018 has been executed.

Petitioner No. 1 and respondent No. 2 have already been divorced by way of a decree of divorce by mutual consent, passed on 07.08.2018.

4.

Respondent No.2 was to be paid a total sum of Rs.5,00,000/- in full and final settlement of all her claims. The entire sum of Rs.5,00,000/- has

already been paid as well as all articles of jewellery etc have also been returned.

5.

Respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. She submits that she has settled her

disputes with the petitioners and does not wish to press charges against the petitioners and prosecute the complaint any further.

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 the

respondent No.2 has stated that she does not wish to press the complaint any further and the fact that the parties have already been divorced by way

of a decree of divorce by mutual consent, passed on 07.08.2018, 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.

7.

In view of the above, the petition is allowed. FIR No.588/2016 under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, Police

Station Bhajan Pura and the consequent proceedings emanating there from are quashed.

8.

Order Dasti under the signatures of the Court Master.