Shri Vikram Rathor And Another vs The State (N.C.T. Of Delhi) & Anr.
2018 Latest Caselaw 4913 Del

$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                               Judgment delivered on: 20.08.2018
+      CRL.M.C. 4194/2018
SHRI VIKRAM RATHOR AND ANOTHER                       ..... Petitioners
                             versus

THE STATE (N.C.T. OF DELHI) & ANR.                   ..... Respondents
Advocates who appeared in this case:

For the Petitioner :     Mr.Chander Bhan, Adv.

For the Respondent:      Mr.Sanjeev Sabharwal, Addl. PP for the State with
                         SI Surender Singh, P.S.Mianwali Nagar.
                         Mr.Brijesh Kumar, Adv. for R-2.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                     JUDGMENT

20.08.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No. 683 of 2014 under Sections 498A/406/323/324/34 of the IPC registered at Police Station Mianwali Nagar, 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 Family Courts West, Tis Hazari, Delhi dated 07.08.2018 which has been executed between the parties. As per the settlement, a total sum of Rs. 30,000/- 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 07.08.2018.

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. 683 of 2014 under Sections 498A/406/323/324/34 of the IPC registered at Police Station Mianwali Nagar, New Delhi and the consequent proceedings there from are, accordingly quashed.

6. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J AUGUST 20, 2018/rk