Mayank Duggal & Ors vs State ( Nct Of Delhi) & Anr
2018 Latest Caselaw 5963 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Judgment delivered on:01.10.2018

+     CRL.M.C. 4739/2018
      MAYANK DUGGAL & ORS                             ..... Petitioners

                          versus

      STATE ( NCT OF DELHI) & ANR                     ..... Respondents


Advocates who appeared in this case:
For the Petitioner :      Mr. Ajay Kumar with Ms. Pooja
                          Singh, Advocates.

For the Respondents :     Mr. Panna Lal Sharma, APP for State.
                          Mr. Nitin Mehta with Mr. Arpit
                          Rawal, Advocates for R-2.
                          SI Bhagat Singh, PS Ashok Vihar.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                   JUDGMENT

01.10.2018

SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.32315/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 4739/2018

1. Petitioners seek quashing of FIR No.188/2015 under Sections 498A/406/34 IPC, Police Station Ashok Vihar, based on a settlement.

2. 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.

3. Learned counsel for the petitioners submits that the parties have settled their disputes through the process of mediation held at Delhi Mediation Centre, Rohini on 17.05.2018.

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.3,00,000/- has been paid. The balance sum of Rs.2,00,000/- has been paid by way of Demand Draft No.509325, dated 15.09.2018 drawn on ICICI Bank.

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, 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.

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 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.188/2015 under Sections 498A/406/34 IPC, Police Station Ashok Vihar 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
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