High CourtsSingle Bench(2018) 07 DEL CK 0578

Subhankar Kumar vs State (Nct Of Delhi) & Anr

Delhi High Court · Decided on 18 July 2018

HON’BLE JUDGES
SANJEEV SACHDEVA, J
RESULT
Allowed
CASE NUMBER
CRL.M.C. 3508 OF 2018

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Judgment

19 paragraphs · 331 words

SANJEEV SACHDEVA, J

1.

The petitioner seeks quashing of FIR No.347/2016 under Sections 498A/406/34 IPC, Police Station Binda Pur.

2.

The subject FIR emanates out of matrimonial discord.Â

Petitioner is the husband of respondent No.2.

3.

Learned counsel for the pe(cid:57)(cid:57)oner submits that the par(cid:57)es have se(cid:59)led their disputes before Counselling Cell, Family Courts, Dwarka

District Courts on 05.08.2017. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 27.03.2018.

4.

The respondent No.2 was to be paid a total sum of Rs.2,50,000/-. A sum of Rs.2,00,000/- has already been paid. The balance sum of

Rs.50,000/- has been paid to the respondent No.2 by way of Banker’s Cheque No.757736 dated 07.07.2018 drawn on State Bank of India.

5.

The respondent No.2 is present in person, represented by counsel and is iden(cid:57)fied by the Inves(cid:57)ga(cid:57)ng Officer. She submits that she has

settled her disputes with the petitioner and does not wish to press charges against the petitioner and prosecute the complaint any further.Â

6.

In view of the fact that the proceedings emanate out of a matrimonial discord and the par(cid:57)es have fully and finally se(cid:59)led 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 par(cid:57)es have already been

divorced by way of a decree of divorce by mutual consent, passed on 05.08.2017, con(cid:57)nua(cid:57)on of criminal proceedings will be an exercise in

fu(cid:57)lity and jus(cid:57)ce in the case demands that the dispute between the par(cid:57)es is put to an end and peace is restored; securing the ends of

jus(cid:57)ce being the ul(cid:57)mate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emana(cid:57)ng there

from.

7.

In view of the above, the pe(cid:57)(cid:57)on is allowed. FIR No.347/2016 under Sec(cid:57)ons 498A/406/34 IPC, Police Sta(cid:57)on Binda Pur and the

consequent proceedings emanating there from are quashed.Â

8.

Order Dasti under the signature of the Court Master.Â