Sanjay Kumar & Ors. vs Govt. Of Nct & Anr.
2018 Latest Caselaw 5247 Del

$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Judgment delivered on: 31.08.2018

+      CRL.M.C. 4378/2014
SANJAY KUMAR & ORS.                                    ..... Petitioners
                          versus

GOVT. OF NCT & ANR.                                    ..... Respondents
Advocates who appeared in this case:

For the Petitioners :     Mr. Gopal Sharma and Ms. Tanya Bhatia,
                          Advocates with petitioners in person.

For the Respondents:      Mr. Kamal Kr. Ghai, APP for the
                          State with SI Sanjeev Kumar
                          Mr. R.P.S. Bhatti, Adv. for R-2 with R-2 in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

31.08.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No. 524/2004 under Sections 498A/406/34 IPC registered at Police Station Vivek Vihar, Delhi. The subject FIR emanates out of matrimonial discord.

2. Learned counsel for the petitioners submits that the parties have settled their disputes before Delhi Mediation Centre, Karkardooma Courts, Delhi and Settlement dated 24.08.2013 has been entered between the parties. The parties have already been divorced by way of decree of

divorce, passed on 07.10.2010.

3. The respondent No.2 is present in person, represented by her counsel 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.

4. 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, passed on 07.10.2010, 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. 524/2004 under Sections 498A/406/34 IPC registered at Police Station Vivek Vihar, Delhi and the consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J AUGUST 31, 2018/'rs'