Pravesh Singh & Ors. vs State (Govt. Of Nct Of Delhi) & Anr.
2018 Latest Caselaw 4163 Del

$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 20.07.2018
+      CRL.M.C. 3551/2018
       PRAVESH SINGH & ORS                              ..... Petitioners

                           versus

       STATE (GOVT OF NCT OF DELHI) & ANR..... Respondents


Advocates who appeared in this case:
For the Petitioners :      Mr. Manoj Kumar, Advocate.

For the Respondents:       Mr. Sanjeev Sabharwal, APP for the
                           State with ASI Surinder Singh, P.S.Uttam Nagar.
                           Mr.Rajinder Verma, Adv. for R-2.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

20.07.2018

SANJEEV SACHDEVA, J. (ORAL) Crl. M.A. 28082/2018(exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 3551/2018

1. The petitioners seek quashing of FIR No.475 of 2015 under Sections 498A/406 IPC, Police Station: Uttam Nagar, based on a settlement. It is contended that the FIR was lodged consequent to a matrimonial discord.

2. As per the settlement, a total sum of Rs. 3,10,000/- was agreed to be paid to respondent no. 2. The amount of Rs. 2,00,000/- has already been paid to respondent no. 2. The balance amount of Rs.1,10,000/- has been paid by way of Demand draft No.003288 dated 06.07.2018 drawn on State Bank of India.

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 06.03.2018 has been passed. It is further submitted on behalf of the parties that parties had entered into the settlement before the Family Court, Dwarka Courts, New Delhi dated 31.08.2017.

4. Learned counsels for the parties inform that other disputes between the parties have also been resolved and proceedings have been concluded on the basis of the subject settlement.

5. Respondent no. 2 who is present in court in person and represented by counsel, 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.

6. In view of the fact that the disputes between the petitioner 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.

7. In view of the above, the petition is allowed. FIR No.475 of 2015 under Sections 498A/406 IPC, Police Station: Uttam Nagar, and the consequent proceedings emanating there from are, accordingly quashed.

8. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 20, 2018 rk