Delhi High Court
J L Varshney & Ors vs State ( Nct Of Delhi) & Anr. on 1 October, 2018
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:01.10.2018
+ CRL.M.C. 4754/2018
J L VARSHNEY & ORS ..... Petitioners
versus
STATE ( NCT OF DELHI) & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Anil Kumar, Advocate.
For the Respondents : Mr. Kewal Singh Ahuja, APP for State.
Ms. Sushila Singh, Advocate for complainant
with complainant in person.
ASI Pramod Kumar, PS CAW Cell.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
01.10.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.32344/2018 (exemption)
Exemption is allowed subject to all just exceptions.
Crl.M.A.32345/2018 (exemption from personal appearance of
petitioner No.3)
Petitioner No.3 by this application seeks exemption from
personal appearance on the ground that he is a permanent resident of
USA. He has filed his affidavit in support of the petition.
For the reasons stated in the application, the application is
allowed. The petitioner No.3 is granted exemption from personal
appearance.
CRL.M.C. 4754/2018
1. Petitioners seek quashing of FIR No.642/2013 under Sections
498A/406/34 IPC, Police Station Madhu Vihar, based on a settlement.
2. Subject FIR emanates out of matrimonial discord. Petitioner
No.3 is the husband of respondent No.2. Petitioner Nos.1 and 2 are the
father-in-law and mother-in-law of the respondent No.2.
3. Learned counsel for the petitioners submits that the parties have
settled their disputes through the process of mediation held at Delhi
Mediation Centre, Karkardooma Courts on 28.07.2018. The marriage
between the parties have been dissolved by the decree of divorce by
USA Court on 12.05.2014.
4. The respondent No.2 was to be paid a total sum of
Rs.5,00,000/- in full and final settlement of all her claims. The sum of
Rs.2.5 lakhs has been paid. The balance sum of Rs.2.5 lakhs has been
paid by way of Demand Draft No.927619 dated 26.07.2018 drawn on
Corporation Bank.
5. 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.
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 marriage between
the parties have been dissolved by the decree of divorce by USA
Court on 12.05.2014, 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. In view of the above, the petition is allowed. FIR No.642/2013
under Sections 498A/406/34 IPC, Police Station Madhu Vihar and the
consequent proceedings emanating there from are quashed.
8. Order Dasti under the signatures of the Court Master.
OCTOBER 01, 2018 SANJEEV SACHDEVA, J
st
