Delhi High Court
Harish Kumar & Ors. vs State (N.C.T Of Delhi) & Anr. on 1 October, 2018
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:01.10.2018
+ CRL.M.C. 4469/2018
HARISH KUMAR & ORS. ..... Petitioners
versus
STATE (N.C.T OF DELHI) & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Santosh Pratap with Mr. Parmod
Kumar Gupta and Durga, Advocates.
For the Respondents : Mr. Kamal Kumar Ghai, APP for State.
Mr. Dhruv Sharma with Ms. Gemini
Sharma, Advocates for respondent
No.2 with R-2 in person.
ASI Govind Singh, PS Sangam Vihar.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
01.10.2018
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioners seek quashing of FIR No.521/2008 under
Sections 498A/406/34 IPC, Police Station Sangam Vihar, based on a
settlement.
2. Learned counsel for the petitioners prays for an exemption for
personal appearance of petitioner Nos.3 and 5, who are the husband of
the sister and sister of the petitioner No.1 respectively, on the ground
that they are permanent resident of Kanpur and because of their
personal work could not be present in Court. They have filed their
affidavits in support of the petition.
3. In view of the above, the petitioner Nos.3 and 5 are granted
exemption from personal appearance.
4. The subject FIR emanates out of matrimonial discord.
Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2
and 4 are the father-in-law and mother-in-law of the respondent No.2.
Petitioner No.3 is the husband of the sister-in-law of the respondent
No.2. Petitioner No.5 is the sister-in-law of the respondent No.2.
5. Learned counsel for the petitioners submits that the parties have
settled their disputes through the process of mediation held at
Mediation Centre, Saket on 15.04.2017. The parties have already been
divorced by way of a decree of divorce by mutual consent, passed on
10.04.2018.
6. The respondent No.2 was to be paid a total sum of
Rs.10,00,000/- in full and final settlement of all her claims. The sum
of Rs.9,00,000/- has already been paid. The balance of sum of
Rs.1,00,000/- has been paid by way of a Demand Draft bearing
No.185980 dated 19.07.2018 drawn on State Bank of India.
7. Respondent No.2 is present in person, represented by counsel
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 10.04.2018, 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, the petition is allowed. FIR No.521/2008
under Sections 498A/406/34 IPC, Police Station Sangam Vihar and
the consequent proceedings emanating there from are quashed.
10. Order Dasti under the signatures of the Court Master.
OCTOBER 01, 2018/st SANJEEV SACHDEVA, J
