Shri Rishi Jain & Ors. vs State & Anr.
2018 Latest Caselaw 5251 Del

$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Judgment delivered on: 31.08.2018

+      CRL.M.C. 4412/2018
       SHRI RISHI JAIN & ORS.                         ..... Petitioners
                          versus

       STATE & ANR.                                   ..... Respondents
Advocates who appeared in this case:
For the Petitioners :     Mr. Nagender Yadav, Advocate with
                          petitioners in person.

For the Respondents:      Mr. Hirein Sharma, APP for the State.
                          SI Sita Ram, PS Rani Bagh.
                          Mr. Kanwar Kochhar, Advocate for
                          respondent No.2 with respondent No.2 in person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

31.08.2018

SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.31077/2018 (exemption)

Exemption is allowed subject to all just exceptions. CRL.M.C. 4412/2018

1. The petitioners seek quashing of FIR No.706/2015 under Sections 498A/406/34 IPC, Police Station Rani Bagh, based on a settlement.

2. The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner No.2 is the mother-in-law of the respondent No.2. Petitioner No.3 is the brother-in-law of the respondent No.2. Petitioner No.4 is the wife of the petitioner No.3.

3. Learned counsel for the petitioners submits that the parties have settled their disputes through the process of mediation held before Delhi Mediation Centre, Rohini Courts on 04.12.2017. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 04.04.2018.

4. The respondent No.2 was to be paid a total sum of Rs.9,00,000/- in full and final settlement of all her claims. A sum of Rs.6,00,000/- 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.025737 dated 30.08.2018 drawn on IDBI Bank.

5. The respondent No.2 is present in person, represented by 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.

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 04.04.2018, 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, the petition is allowed. FIR No.706/2015 under Sections 498A/406/34 IPC, Police Station Rani Bagh and the consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J AUGUST 31, 2018 st