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Judgment
23 paragraphs · 406 wordsSANJEEV SACHDEVA, J
Crl. M.A. 33996/2018 (Exemption)
Allowed, subject to all just exceptions.
CRL.M.C. 5199/2018
Petitioners seek quashing of FIR No. 197 of 2017 under Sections 498A/406/34 IPC registered at Police Station GokalPuri, Delhi, based on a
settlement. Â
Subject FIR emanates out of matrimonial discord. Â
Learned counsel for the petitioners submits that the parties have settled their disputes before the Delhi Mediation Centre, Karkardooma Courts,
Delhi and settlement dated 12.07.2017 has been executed between the parties. Copy of the same has been produced on record. The same is taken on
record. Parties have amicably dissolved their marriage by mutual consent and decree of divorce dated 25.05.2018 has been passed.
As per the settlement, a total sum of Rs. 5 lakhs has been agreed to be paid by the petitioners to respondent no. 2 in full and final settlement of all
the claims of respondent no. 2. A sum of Rs. 4 lakhs has already been paid and the balance sum of Rs. 1,00,000/- (in cash) has been paid to
respondent no. 2, today outside the Court. Respondent no. 2 who is present in person acknowledges the receipt of the entire amount of Rs. 5 lakhs.
Respondent No.2 is present in person, represented by her 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.
In view of the fact that the proceedings emanate out of a matrimonial discord and parties have fully and finally settled their disputes and 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, passed on 25.05.2018, 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.
In view of the above, the petition is allowed. FIR No. 197 of 2017 under Sections 498A/406/34 IPC registered at Police Station GokalPuri, Delhi
and the consequent proceedings emanating there from are quashed.
Order Dasti under the signatures of the Court Master.