Sunil Kumar Adlakha & Ors vs State & Ors

SANJEEV SACHDEVA, J

Crl.M.A.29579/2018 (exemption)

Exemption is allowed subject to all just exceptions. CRL.M.C. 3989/2018

The petitioners seek quashing of FIR No.73/2015 under Sections 498A/406/34 IPC, Police Station Crime(Women) Cell Nanak Pura.

The subject FIR emanates out of matrimonial discord. Â

Petitioner No.1 is the husband of respondent No.2. Petitioner No.2 is the father-in-law of the respondent No.2. Petitioner No.3 is the brother-in-law

of the respondent No.2. Petitioner No.4 is the wife of the brother-in-law of the respondent No.2.

Learned counsel for the petitioners submits that the parties have settled their disputes through the process of mediation held before Delhi Mediation

Centre, Tis Hazari Courts on 25.05.2017. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on

24.01.2018.

The respondent No.2 was to be paid a total sum of Rs.80,00,000/-. The entire said sum of Rs.80,00,000/- has already been paid to the respondent

No.2.

As per the settlement, the permanent custody of the minor daughter is with the respondent No.2 with visitation rights in favour of the petitioner. The

petitioner, who is present in Court in person, undertakes that he shall not claim any rights contrary to the settlement agreement.Â

The 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.Â

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 24.01.2018, 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 there from.

In view of the above, the petition is allowed. FIR No.73/2015 under Sections 498A/406/34 IPC, Police Station Crime(Women) Cell Nanak Pura

and the consequent proceedings emanating therefrom are, accordingly quashed.

Order Dasti under signatures of the Court Master.  Â