Delhi High Court
Anuj Sharma & Ors. vs The State (Govt. Of Nct Of Delhi) & ... on 24 August, 2018
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 24.08.2018
+ CRL.M.C. 4254/2018
ANUJ SHARMA & ORS. ..... Petitioners
versus
THE STATE (GOVT. OF NCT OF DELHI) & ANR. .... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr.Anup Kumar Sinha, Adv. with petitioner no. 1
For the Respondent: Mr.Raghuvinder Verma, Addl. PP for
the State
Mr. Amit Kuamr Sharma, Adv. for R-2.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
24.08.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.30533/2018 (Exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4254/2018
1. The petitioners seek quashing of FIR No. 1386 of 2014 under
Sections 498A/406/34 of the IPC registered at Police Station New
Ashok Nagar, Delhi based on a settlement. It is contended that the FIR
was lodged consequent to a matrimonial discord.
2. Learned counsel for petitioner prays for exemption from
personal appearance on behalf of petitioner no. 2 and 3 on the ground
that they are aged and permanent residents of Jamshedpur. They have
filed their affidavits in support of petition. In view of the above,
petitioner no. 2 and 3 are granted exemption from personal
appearance.
3. Learned counsel for the parties submit that the parties have
entered into a settlement before Delhi High Court Mediation &
Conciliation Centre on 03.02.2018.
4. As per the settlement, a total sum of Rs. 75,00,000/- has been
agreed to be paid to respondent no. 2. A sum of Rs. 35,00,000/- has
already been paid and the balance sum of Rs. 40,00,000/- has been
paid, today in Court, by way DD No. 383875 dated 21.08.2018 issued
by Yes Bank to respondent No. 2, who is present in Court in person.
5. Learned counsels for the parties submit that the parties have
settled their disputes and the parties have already been divorced by
decree of divorce dated 05.01.2014.
6. As per the settlement the minor child shall remain in the
permanent custody of respondent No.2. The petitioner No. 1 who is
present in Court undertake that he shall not claim any rights contrary
to the settlement terms. The undertaking is accepted.
7. Respondent no. 2 is present in court in person, represented by
counsel and is identified by the IO. Respondent no. 2 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.
8. 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
there from.
9. In view of the above, the petition is allowed. FIR No. 1386 of
2014 under Sections 498A/406/34 of the IPC registered at Police
Station New Ashok Nagar, Delhi, and the consequent proceedings
emanating there from are, accordingly quashed.
10. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
AUGUST 24, 2018
'rs'
