AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
24 paragraphs · 412 wordsSANJEEV SACHDEVA, J
Crl. M.A. 34145/2018 (Exemption)
Allowed, subject to all just exceptions.
CRL.M.C. 5236/2018
Petitioners seek quashing of FIR No. 75 of 2016 under Sections 498A/406/34 IPC registered at Police Station Greater Kailash, Â New Delhi, based
on a settlement. Â
Subject FIR emanates out of matrimonial discord. Â
Learned counsel for the petitioners submits that parties have settled their disputes and settlement dated 25.06.2018 has been executed between the
parties. Petitioner no. 1 and respondent no. 2 have amicably dissolved their marriage by mutual consent and decree of divorce dated 25.06.2018 has
been passed.
As per the settlement, a total sum of Rs. 40 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. 35 lakhs has already been paid and the balance sum of Rs. 5 lakhs is being paid by way of DD/Bankers
Cheque No. 146090 dated 01.10.2018 issued by Canara Bank to respondent no. 2, today in Court. The above amount of Rs. 40 lakhs have been paid
apart from the return of agreed articles. Parties confirm that all articles have been returned.
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 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, passed on 14.09.2018, 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. 75 of 2016 under Sections 498A/406/34 IPC registered at Police Station Greater Kailash,
New Delhi and the consequent proceedings emanating there from are quashed.
Order Dasti under the signatures of the Court Master.