Shashi Kant Sharma & Ors vs State (Govt Of Nct Of Delhi) & Anr
2018 Latest Caselaw 6000 Del

$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Judgment delivered on:03.10.2018

+     CRL.M.C. 5035/2018
      SHASHI KANT SHARMA & ORS                        ..... Petitioners

                          versus

      STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioners :     Mr. Mohit Bhardwaj with Ms. Rashmi Bhardwaj
                          and Ms. Sabhya Jain, Advocates.

For the Respondents :     Mr. Sanjeev Sabharwal, APP for the State.
                          SI Naresh Kumar, PS Mansarovar Park.
                          Respondent No.2 in person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                   JUDGMENT

03.10.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No.189/2017 under Sections 498A/406/34 IPC, Police Station Mansarovar Park, 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 brother-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 before Mediation Centre, Karkardooma Courts on 18.01.2018.

4. The respondent No.2 was to be paid a total sum of Rs.10,00,000/- in full and final settlement of all her claims. A sum of Rs.8,00,000/- has already been paid. Balance sum of Rs.2,00,000/- and an additional sum of Rs.5,00,000/-, as agreed to between the parties, has been paid by way of Demand Draft No.545505 dated 01.10.2018 drawn on Punjab National Bank for Rs.7,00,000/-.

5. 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.

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, 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.189/2017 under Sections 498A/406/34 IPC, Police Station Mansarovar Park 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
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