Delhi High Court
Abhishek Jain & Ors. vs State (Govt. Of Nct Of Delhi) & Anr. on 16 August, 2018
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 16.08.2018
+ CRL.M.C. 4120/2018
ABHISHEK JAIN & ORS ..... Petitioners
versus
STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Ms.Sofia Bhambri, Adv.
For the Respondent: Mr. Raghuvinder Verma, , APP for the State with SI
Kapil Khakhar, P.S.Farsh Bazar.
Mr. Mayank Khera, Advocate for R-2
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
16.08.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.30029/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4120/2018
1. The petitioners seek quashing of FIR No.367/2016 under
Sections 498A/406/34 IPC read with Sections 3 & 4 of the Dowry
Prohibition Act, Police Station Farsh Bazar, Delhi. It is contended that
the FIR was lodged consequent to a matrimonial discord.
2. Learned counsel for the petitioners submits that the parties have
settled their disputes through the process of mediation held before
Delhi Mediation Centre, Karkardooma Courts on 05.03.2018. The
parties have already been divorced by way of a decree of divorce by
mutual consent, passed on 28.05.2018.
3. The respondent No.2 was to be paid a total sum of
Rs.11,00,000/- in full and final settlement of all her claims. A sum of
Rs.7,00,000/- has already been paid. The balance sum of
Rs.4,00,000/- has been paid to the respondent No.2 today in Court by
way of DD No. 665280 dated 25.07.2018 issued by State Bank of
India.
4. Respondent No.2 is present in person, represented by counsel
and is identified by the Investigating Officer. She confirms that she
has received the entire amount. 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.
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 28.05.2018, 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 the petition is allowed, FIR No.367/2016
under Sections 498A/406/34 IPC read with Sections 3 & 4 of the
Dowry Prohibition Act, Police Station Farsh Bazar, Delhi and the
consequent proceedings emanating there from are quashed.
7. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
AUGUST 16, 2018
rk
