Delhi High Court
Pankaj Solanki & Ors. vs The State (Govt. Of Nct Of Delhi) & ... on 24 July, 2018
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 24.07.2018
+ CRL.M.C. 3636/2018
PANKAJ SOLANKI & ORS ..... Petitioners
versus
THE STATE (GOVT. OF NCT OF DELHI)& ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Ms. Mukta Sharma, Advocate.
For the Respondents: Mr. Sanjeev Sabharwal, APP for State.
Respondent No.2 in person.
SI Randeep, PS Prashant Vihar.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
24.07.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.28390/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 3636/2018
1. The petitioners seek quashing of FIR No.1118/2015 under Sections
498A/406/34 IPC, Police Station Prashant Vihar, based on a settlement.
2. The subject FIR emanates out of matrimonial discord. Petitioner
No.1 is the husband of respondent No.2. Petitioner Nos.2 and 3 are the
father-in-law and mother-in-law of the respondent No.2. Petitioner No.4 is
the brother of the mother of the petitioner No.1. Petitioner No.5 is the
sister-in-law of the respondent No.2. Petitioner No.6 is the brother-in-law
of the respondent No.2.
3. It is submitted by the learned counsel for the petitioners that
petitioner Nos.2 and 3 being aged could not be personally present in Court.
She prays for their personal exemption. She submits that the petitioner
Nos.5 and 6 being resident of Australia have executed attorney/authority
letter in favour of the petitioner No.1 and he represents petitioner Nos.5 and
6 also.
4. In view of the above petitioners 2 and 3 are granted exemption from
personal presence. Petitioners 5 and 6 are exempted from appearance
through their attorney.
5. Learned counsel for the petitioners submits that the parties have
settled their disputes. The parties have already been divorced by way of a
decree of divorce by mutual consent, passed on 04.06.2018.
6. The respondent No.2 was to be paid a total sum of Rs.30,00,000/- in
full and final settlement of all her claims. A sum of Rs.20,00,000/- has
already been paid. The balance sum of Rs.10,00,000/- is being paid today
to the respondent No.2 in court by way of Demand Draft No.456547 dated
18.07.2018 drawn on The Syndicate Bank.
7. The respondent No.2 is present in person 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.
8. 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 04.06.2018,
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.
9. In view of the above, FIR No.1118/2015 under Sections
498A/406/34 IPC, Police Station Prashant Vihar and the consequent
proceedings emanating there from are quashed.
10. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
JULY 24, 2018
st
