Balram Arora vs The State (Govt.Of Nct Of Delhi) & ...
2018 Latest Caselaw 4973 Del

$~1
*        IN THE HIGH COURT OF DELHI AT NEW DELHI

+        CRL.M.C. 992/2018

         BALRAM ARORA                                               ..... Petitioner
                                 versus

         THE STATE (GOVT.OF NCT OF DELHI)& ANR..... Respondents

         Advocates who appeared in this case:

         For the Petitioner      :        Mr. Markandey Gupta, Advocate

         For the Respondent:              Mr.Raghuvinder Verma, APP with SI Karan Singh,
                                          P.S.Lodhi Colony.
         CORAM:
         HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                           JUDGMENT

             %              23.08.2018

         SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No. 331/2006 under Sections 406/498A IPC, Police Station Lodhi Colony.

2. The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2.

3. Learned counsel for the petitioners submits that the parties have settled their disputes and the terms of settlement were recorded before the Mediation Centre, Saket Courts on 09.08.2017. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 04.07.2018.

4. It is further agreed between the parties that the custody of the

children shall remain with respondent no. 2. The petitioner who is present in court in person undertakes that he shall not claim any right contrary to the settlement terms. The undertaking is accepted.

5. The respondent No.2 is present in person and is identified by the Investigating Officer. She submits that she has settled her disputes with the petitioner and does not wish to press charges against the petitioner and prosecute the complaint any further.

6. 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 04.07.2018, 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.

7. In view of the above, FIR No. 331/2006 under Sections 406/498A IPC, Police Station Lodhi Colony and the consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J.

AUGUST 23, 2018/rk