Jasmeet Singh & Ors. vs State & Anr.
2018 Latest Caselaw 4352 Del

$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Judgment delivered on: 27.07.2018
+      CRL.M.C. 3714/2018
JASMEET SINGH & ORS                                      ..... Petitioners
                          versus

STATE & ANR                                            ..... Respondents
Advocates who appeared in this case:
For the Petitioner :      Mr. Tarun Rana, Adv.

For the Respondent:       Mr. Sanjeev Sabharwal, Addl. PP for the State with
                          ASI Dinesh Kumar
                          Mr. Manoj Chouhan, Adv. for R-2

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

27.07.2018 SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 28659/2018 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 3714/2018

1. The petitioners seek quashing of FIR No. 323 of 2017 under Sections 498A/406 of the IPC registered at Police Station Sunlight Colony, New 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 they have amicably dissolved their marriage by mutual consent and decree of divorce dated 04.06.2018 has been passed. It is further submitted on behalf of the parties that parties had entered into a settlement dated 04.06.2018 recorded before the Family Court, Saket.

3. As per the settlement, a total sum of Rs. 5,50,000/- has been agreed to be paid to respondent no. 2. A sum of Rs. 3,00,000/- has already been paid and the balance sum of Rs. 2,50,000/- has been paid, by way of Demand Draft No. 811559 dated 10.07.2018 issued by Punjab & Sind Bank, to respondent no. 2 today in Court.

4. Respondent no. 2 who is present in court in person, represented by her counsel and is identified by the Investigating Officer. 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

therefrom.

6. In view of the above, the petition is allowed. FIR No. 323 of 2017 under Sections 498A/406 of the IPC registered at Police Station Sunlight Colony, New Delhi and the consequent proceedings emanating therefrom are accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 27, 2018 'rs'