Delhi High Court
Mukesh & Ors. vs The State & Anr. on 3 October, 2018
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:03.10.2018
+ CRL.M.C. 4782/2018
MUKESH & ORS. ..... Petitioners
versus
THE STATE & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Basant Kr. Gautam and Mr. Siddhartha Narwal,
Advocates.
For the Respondents : Mr. Hirein Sharma, APP for State with
SI Omveer Singh, PS Nand Nagri.
Mr. Vipin Kumar, Adv. for R-2 with R-2 in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
03.10.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.32443/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4782/2018
1. The petitioners seek quashing of FIR No. 701 of 2015 under
Sections 498A/406/34 IPC registered at Police Station Nand Nagari,
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 4 are the other family members of the petitioner no. 1.
3. Learned counsel for the petitioners submits that the parties have
settled their disputes before the Counselling Cell, Family Courts,
Rohini on 25.09.2017. The parties have already been divorced by way
of a decree of divorce by mutual consent passed on 18.04.2018.
4. As per the settlement, the respondent No.2 was to be paid a
total sum of Rs. 2 lakhs apart from return of a gold ring in full and
final settlement of all her claims. A sum of Rs. 1,20,000/- has already
been paid and the balance sum of Rs. 80,000/- is being paid to
respondent no. 2 by way of DD No. 001451 dated 18.09.2018 issued
by Axis Bank Ltd., in Court today. The gold ring has already been
returned to respondent no. 2.
5. The 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 by mutual
consent passed on 18.04.2018, 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.
7. In view of the above, the petition is allowed of FIR No. 701 of
2015 under Sections 498A/406/34 IPC registered at Police Station
Nand Nagari and the consequent proceedings emanating there from
are quashed.
8. Order Dasti under the signatures of the Court Master.
OCTOBER 03, 2018 SANJEEV SACHDEVA, J
'rs'
