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Vikash & Ors vs State (Nct Of Delhi) & Anr

Delhi High Court · Decided on 4 September 2018 · Citation: (2018) 09 DEL CK 0008

HON’BLE JUDGES
Sanjeev Sachdeva, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 406, 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No..4439 Of 2018
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Judgment

19 paragraphs · 357 words

SANJEEV SACHDEVA, J. (ORAL)

1.

The petitioners seek quashing of FIR No.2464/2014 under Sections 498A/406/34 IPC, Police Station Mehrauli.

2.

The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner No.2 is the mother-in-law of

the respondent No.2. Petitioner No.3 is the father-in-law of the respondent No.2.Â

3.

Learned counsel for the petitioners submits that the parties have settled their disputes before the Counselling Cell, Family Court, Saket on

22.05.2017. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 06.03.2018.

4.

The respondent No.2 was to be paid a total sum of Rs.5,50,000/- in full and final settlement of all her claims. A sum of Rs.4,00,000/- has

already been paid. The balance sum of Rs.1,50,000/- has been paid to the respondent No.2 by way of Demand Draft No.34563 dated 27.08.2018

drawn on Oriental Bank of Commerce.

5.

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

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 06.03.2018, 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.2464/2014 under Sections 498A/406/34 IPC, Police Station Mehrauli and the consequent

proceedings emanating there from are quashed.

8.

Order Dasti under the signatures of the Court Master. Â