Rahul & Ors vs State ( Nct Of Delhi)& Ors

SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 28125/2018(exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 3567/2018

The petitioners seek quashing of FIR No.1748 of 2014 under Sections 498A/406/34 IPC, Police Station Mangolpuri, based on a settlement. It is

contended that the FIR was lodged consequent to a matrimonial discord.

As per the settlement, a total sum of Rs. 2,00,000/- was agreed to be paid to respondent no. 2 besides certain articles which were to be returned.

Learned counsel for the parties inform that Rs.1,50,000/- has already been paid and some of the articles have been returned, however, some

articles were damaged for which an additional amount of Rs.5000/- is being paid. Balance amount of Rs.55,000/- has also been paid to respondent

No.2 today in cash. Respondent No.2 acknowledges the receipt of the said amount of Rs. 50,000/- and the additional compensation of Rs.5000/-.

As per the settlement, custody of minor son is to remain with respondent No.2. The petitioner who is present in Court in person undertakes that he

shall not claim rights contrary to the settlement terms. Undertaking is accepted.

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 19.05.2018 has been passed. It is further submitted on behalf of the parties that parties had entered into the settlement

before the Delhi Mediation Centre, Rohini Courts, New Delhi dated 25.11.2017.

Learned counsels for the parties inform that other disputes between the parties have also been resolved and proceedings have been concluded on

the basis of the subject settlement.

Respondent no. 2 who is present in court in person and represented by counsel, is identified by the IO. 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.

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 there from.

In view of the above, the petition is allowed. FIR No.1748 of 2014 under Sections 498A/406/34 IPC, Police Station Mangolpuri, and the

consequent proceedings there from are, accordingly quashed.

Order Dasti under signatures of the Court Master.