Vijay @ Vijay Bahadur & Ors. vs The State (Govt. Of Nct Of Delhi) & ...
2018 Latest Caselaw 4551 Del

$~84
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                      Judgment delivered on: 03.08.2018

+      CRL.M.C. 3889/2018

VIJAY @ VIJAY BAHADUR & ORS.                             ..... Petitioners

                              versus
THE STATE (GOVT. OF NCT OF DELHI) & ORS. ..... Respondents

Advocates who appeared in this case:
For the Petitioners :   Ms. Alpha M. Prasad, Advocate.

For the Respondents: Ms. Neelam Sharma, APP for State.
                     SI Parmod Kumar, PS Vasant Kunj
                     Respondent No.2 in person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                                 JUDGMENT

03.08.2018

SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.29239/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 3889/2018

1. The petitioners seek quashing of FIR No.200/2009 under Sections 498A/406/34 IPC, Police Station Vasant Kunj, based on a

settlement.

2. The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2 and 3 are the father-in-law and mother-in-law of the respondent No.2.

3. Learned counsel for the petitioners submits that the parties have settled their disputes in terms of the settlement agreement dated 29.02.2016. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 04.04.2018.

4. The respondent No.2 is present in person and is identified by the Investigating Officer. She submits that in view of the medical condition of the petitioner No.1, she is not asking for any monetary compensation. She further 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.

5. 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 04.04.2018, 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.

6. In view of the above, FIR No.200/2009 under Sections 498A/406/34 IPC, Police Station Vasant Kunj and the consequent proceedings emanating there from are quashed.

7. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J AUGUST 03, 2018 ns