Delhi High Court
Sh. Amit Raj & Ors. vs State (N.C.T. Of Delhi) & Anr. on 27 August, 2018
$~89
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 27.08.2018
+ CRL.M.C. 4334/2018
SH. AMIT RAJ & ORS. ..... Petitioners
versus
STATE (N.C.T. OF DELHI) & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Arun Kumar with Mr. Raghav
Kumar Tiwari, Advocates.
For the Respondents: Mr. Raghuvender Verma, APP for the
State.
SI Ravi Poonia, PS Seemapuri.
Respondent No.2 in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
27.08.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.30789/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4334/2018
1. The petitioners seek quashing of FIR No.615/2016 under
Sections 498A/406/34 IPC and Section 4 Dowry Prohibition Act,
Police Station Seemapuri.
2. The subject FIR emanates out of matrimonial discord.
Petitioner No.1 is the husband of respondent No.2. Petitioner No.2 is
the father-in-law of the respondent No.2. Petitioner No.3 is the
mother-in-law of the respondent No.2. Petitioner No.4 is the brother-
in-law of the respondent No.2. Petitioner No.5 is the sister-in-law of
the respondent No.2.
3. Learned counsel for the petitioners submits that the disputes
between the parties have been settled through the process of mediation
held before Delhi Mediation Centre, Karkardooma Courts on
16.03.2017. The parties have already been divorced by way of a
decree of divorce by mutual consent, passed on 13.12.2017.
4. As per the settlement, the respondent No.2 was to be paid a
total sum of Rs.8,00,000/- in full and final settlement of all her claims.
A sum of Rs.5,00,000/- has already been paid. The balance sum of
Rs.3,00,000/- has been paid to the respondent No.2 by way of
Demand Draft No.142112 dated 21.08.2018 drawn on Standard
Chartered Bank.
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 petitioners and does not wish to press charges against the
petitioners 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 13.12.2017, 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, the petition is allowed. FIR No.615/2016
under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition
Act, Police Station Seemapuri and the consequent proceedings
emanating there from are quashed.
8. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
AUGUST 27, 2018
st
