Delhi High Court
Govind Lal & Ors vs State ( Nct Of Delhi) & Anr. on 1 October, 2018
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:01.10.2018
+ CRL.M.C. 4730/2018
GOVIND LAL & ORS ..... Petitioner
versus
STATE ( NCT OF DELHI) & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Santosh Pratap with Mr. Parmod Kumar Gupta
and Ms. Durga, Advocates.
For the Respondents : Mr. Hirein Sharma, APP for State.
ASI Suresh Kumar, PS New Usman Pur.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
01.10.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.32251/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4739/2018
1. The petitioners seek quashing of FIR No.402/2016 under
Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act,
Police Station New Usmanpur, 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 sister-in-law of the respondent No.2
3. Learned counsel for the petitioners submits that the parties have
settled their disputes before the Counselling Cell, Karkardooma
Courts on 07.03.2018. The parties have already been divorced by way
of a decree of divorce by mutual consent passed on 02.08.2018.
4. The respondent No.2 was to be paid a total sum of
Rs.8,50,000/- in full and final settlement of all her claims. The total
sum of Rs.8,50,000/- has already been paid.
5. As per the settlement, the permanent custody of minor child
shall remain with respondent No.2. Petitioners who are present in
Court undertake that they shall not claim any rights contrary to the
settlement terms. The undertaking is accepted.
6. 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.
7. 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 02.08.2018, 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.
8. In view of the above, the petition is allowed. FIR No.402/2016
under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition
Act, Police Station New Usmanpur 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
st
