Delhi High Court
Inderjeet Sisodia & Ors vs The State & Anr on 1 October, 2018
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:01.10.2018
+ CRL.M.C. 4998/2018
INDERJEET SISODIA & ORS ..... Petitioners
versus
THE STATE & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Alok Singh and Mr. Abhishek Singh, Advs.
For the Respondents : Mr. Raghuvinder Verma, Addl. PP for the State
with ASI Satya Pal Singh
Mr. Ajay Kumar, Adv. for R-2
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
01.10.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 33266/2018 (Exemption)
Allowed, subject to all just exceptions.
CRL.M.C. 4998/2018
1. Petitioners seek quashing of FIR No. 217 of 2009 under
Sections 498A/406/34 IPC registered at Police Station Pandav
Nagar, East Delhi, based on a settlement.
2. Subject FIR emanates out of matrimonial discord.
3. Learned counsel for the petitioners submits that the parties have
settled their disputes through the process of mediation held before
Delhi Mediation Centre, Karkardooma Courts, Delhi on 02.05.2017.
Parties have amicably dissolved the marriage by mutual consent and
decree of divorce dated 09.05.2018 has been passed.
4. As per the settlement, a total sum of Rs. One lakh has been
agreed to be paid by the petitioners to respondent no. 2 in full and
final settlement of all the claims of respondent no. 2. The said sum of
Rs. One lakh is being paid by way of DD/Bankers Cheque No.
547856 dated 26.07.2018 and No. 547920 dated 18.08.2018 for a sum
of Rs. 50,000/- each issued by Canara Bank to respondent no. 2, today
in Court.
5. Respondent No.2 is present in person, represented by her
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.
6. 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, passed on
09.05.2018, 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.
7. As per the settlement the minor child shall remain in the
permanent custody of respondent No.2. Petitioners who are present in
Court undertake that they shall not claim any rights contrary to the
settlement terms.
8. In view of the above, the petition is allowed. FIR No. 217 of
2009 under Sections 498A/406/34 IPC registered at Police Station
Pandav Nagar, East Delhi and the consequent proceedings emanating
there from are quashed.
9. Order Dasti under the signatures of the Court Master.
OCTOBER 01, 2018 SANJEEV SACHDEVA, J
'rs'
