Akashdeep & Ors. vs State (Govt. Of Nct Of Delhi) & Anr.
2018 Latest Caselaw 4235 Del

$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 24.07.2018

+      CRL.M.C. 2373/2018
       AKASHDEEP & ORS.                                ..... Petitioners

                           versus

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


Advocates who appeared in this case:
For the Petitioner :       Mr.R.P.S.Bhatti, Adv.

For the Respondent:        Ms.Neelam Sharma, Addl. PP for the State with SI
                           Ajay Swami, P.S.M.S.Park.
                           Mr.Rajesh Kumar Passey, Adv. with respondent
                           No. 2 in person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

24.07.2018

SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.8465/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 2373/2018

1. The petitioners seek quashing of FIR No. 200 of 2014 under Sections 498A/406/34 of the IPC at Police Station Mansarovar Park, Delhi, based on a settlement. It is contended that the FIR was lodged

consequent to a matrimonial discord.

2. 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 25.08.2017 has been passed. It is further submitted on behalf of the parties that parties had entered into the settlement before the Family Court, Karkardooma Courts, New Delhi on 25.08.2017.

3. As per the settlement, a total sum of Rs. 2,00,000/- was agreed to be paid to respondent no. 2. The amount of Rs. 1,40,000/- has already been paid to respondent no. 2. The balance amount of Rs.60,000/- has been paid by way of Pay Order No.009011 dated 23.07.2018 drawn on Axis Bank Ltd.

4. Respondent no. 2 who is present in court in person and represented by counsel, is identified by the Investigating Officer. She confirms that she has received the entire sum of Rs. 2,00,000/- from the petitioners. 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.

5. In view of the fact that the disputes between the petitioners 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.

6. In view of the above, the petition is allowed. FIR No. 200 of 2014 under Sections 498A/406/34 of the IPC at Police Station Mansarovar Park, Delhi and the consequent proceedings there from are, accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 24, 2018 rk