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High CourtsSingle Bench(2018) 09 DEL CK 0321

Vishal Vinay Bhatt & Ors vs State Of Nct Of Delhi

Delhi High Court · Decided on 26 September 2018

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No.4927 Of 2018
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Judgment

20 paragraphs · 337 words

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.32982/2018 (exemption)

Exemption is allowed subject to all just exceptions.Â

CRL.M.C. 4927/2018 & Crl.M.A.32983/2018

1.

Petitioners seek quashing of FIR No. 17 of 2017 under Sections 498A/406/34 of the IPC registered at Police Station Fatehpur Beri, Delhi, based

on a settlement.It is contended that the FIR was lodged consequent to a matrimonial discord.Â

2.

Learned counsel for the parties submit that parties have entered into a settlement before the Delhi Mediation Centre, Saket Courts, Delhi on

06.06.2017. Parties have already been divorced by way of a decree of divorce by mutual consent, passed on 26.03.2018.

3.

As per the settlement, a total sum of Rs. 6,50,000/- has been agreed to be paid to respondent no. 2. A sum of Rs. 4,50,000/- has already been

paid and the balance sum of Rs. 2,00,000/- has been paid in cash today outside the Court.

4.

Respondent no. 2 is present in court in person, represented by counsel and 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 criminal charges against the petitioners any further. She

confirms that she has received the entire settlement amount.

5.

In view of the fact that the disputes between the petitioners 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.Â

6.

In view of the above, the petition is allowed. FIR No. 17 of 2017 under Sections 498A/406/34 of the IPC registered at Police Station Fatehpur

Beri, Delhi and the consequent proceedings emanating there from are, accordingly quashed.

7.

Order Dasti under signatures of the Court Master. Â