Love Kumar vs Nct Delhi & Anr.
2018 Latest Caselaw 3684 Del

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

%                                 Judgment delivered on: 04.07.2018
+      CRL.M.C. 3284/2018
LOVE KUMAR                                            ..... Petitioner
                         versus

NCT DELHI & ANR                                       ..... Respondents


Advocates who appeared in this case:
For the Petitioner :     Mr. R.K. Bali and Ms. Sharda Garg, Advs.

For the Respondent:      Mr. Sanjeev Sabharwal, Addl. PP for the State
                         with ASI Vijay

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                            JUDGMENT

04.07.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No. 231 of 2013 under Sections 498A/406 of the IPC Police Station Aman Vihar, New Delhi, based on a settlement arrived at before the Delhi Mediation Centre, Rohini Courts, Delhi on 28.02.2018.

2. FIR emanates out of a matrimonial discord.

3. Learned counsels for the parties submit that the parties have settled their disputes and have amicably dissolved their marriage by

mutual consent and decree of divorce dated 28.02.2018 has been passed. It is further submitted on behalf of the parties that parties had entered into the settlement before the Delhi Mediation Centre, Rohini Courts, New Delhi on 28.02.2018.

4. As per the settlement, a total sum of Rs. 2 lakhs has been agreed to be paid to respondent no. 2. A sum of Rs. 1,40,000/- has already been paid and the balance sum of Rs. 60,000/- (in cash) has been paid to respondent no. 2 outside the Court.

5. Respondent no. 2 who is present in court in person and is identified by the Investigating Officer. IO confirms that respondent no. 2 has received the entire sum of Rs. 2 lakhs from the petitioner as well as the articles that where mentioned in the settlement agreement. Respondent no. 2 submits that she has settled the dispute with the petitioner(s) and is agreeable to the settlement and does not wish to press the criminal charges against the petitioner(s) any further.

6. In view of the fact that the disputes between the petitioner(s) 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 therefrom.

7. In view of the above, the petition is allowed. FIR No. 231 of 2013 under Sections 498A/406 of the IPC Police Station Aman Vihar, New Delhi and the consequent proceedings therefrom are, accordingly quashed.

8. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 04, 2018 'rs'