Ankit Rathore & Ors. vs State (Govt. Of Nct Of Delhi) & Anr.
2018 Latest Caselaw 4835 Del

$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                               Judgment delivered on: 16.08.2018
+      CRL.M.C. 1996/2018
ANKIT RATHORE & ORS                           ..... Petitioners
                             versus

STATE (GOVT OF NCT OF DELHI) & ANR..... Respondents
Advocates who appeared in this case:

For the Petitioner :     Ms.Niti Chaudhary, Adv.

For the Respondent:      Mr. Raghuvinder Verma, Addl. PP for the State
                         with SI Manisha Sharma, P.S.Aman Vihar.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                     JUDGMENT

16.08.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No. 1665 of 2015 under Sections 498A/406/34 of the IPC registered at Police Station Aman Vihar, New Delhi, based on a settlement. It is contended that the FIR was lodged consequent to a matrimonial discord.

2. Learned counsels for the parties submit that the parties have settled their disputes by way of a settlement before the Mediation Centre, Rohini District Courts dated 08.01.2015 which has been executed between the parties. As per the settlement, a total sum of Rs. 5,50,000/- has been agreed to be paid to respondent no. 2. The

entire amount has already been paid. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 29.04.2016.

3. Respondent no. 2 who is present in court in person is identified by the Investigating Officer submits that she has settled the dispute with the petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any further.

4. 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 therefrom.

5. In view of the above, the petition is allowed. FIR No. 1665 of 2015 under Sections 498A/406/34 of the IPC registered at Police Station Aman Vihar, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed.

6. Order Dasti under signatures of the Court Master.

AUGUST 16, 2018/rk                        SANJEEV SACHDEVA, J