Delhi High Court
Vijendra Kumar @ Vijendder ... vs State Of Nct Of Delhi & Anr on 8 October, 2018
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:08.10.2018
+ CRL.M.C. 3940/2018
VIJENDRA KUMAR @ VIJENDDER
SOLANKI & ORS ..... Petitioners
versus
STATE OF NCT OF DELHI & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Yogesh Gaur, Adv.
For the Respondents : Mr. Kamal Kr. Ghai, Addl. PP for the State with
ASI Ghanshyam Dass
Mr. Sunder Lal, Adv. for R-2 with R-2 in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
08.10.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 29396/2018 (Exemption)
Allowed, subject to all just exceptions.
CRL.M.C. 3940/2018
1. Petitioners seek quashing of FIR No. 40 of 2017 under Sections
498A/406 IPC registered at Police Station CAW Cell, Nanakpura,
Delhi, based on a settlement.
2. Subject FIR emanates out of matrimonial discord.
3. Learned counsel for the petitioners submits that the parties have
settled their disputes and settlement dated 11.10.2017 has been
executed between the parties. Parties have amicably dissolved their
marriage by mutual consent and decree of divorce dated 18.05.2018
has been passed.
4. As per the settlement, a total sum of Rs. 6 lakhs has been
agreed to be paid by the petitioners to respondent no. 2 in full and
final settlement of all the claims of respondent no. 2. A sum of Rs. 4
lakhs has already been paid and the balance sum of Rs. 2,00,000/- has
been paid by way of DD/Bankers Cheque No. 220128 dated
25.07.2018 issued by State Bank of India to respondent no. 2, today in
Court.
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 and the fact that the parties have
already been divorced by way of a decree of divorce, passed on
18.05.2018, 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. As per the settlement the minor child shall remain in the
permanent custody of respondent No.2. Petitioners who are present in
Court undertakes that they shall not claim any rights contrary to the
settlement terms. Undertaking is accepted.
8. In view of the above, the petition is allowed. FIR No. 40 of
2017 under Sections 498A/406 IPC registered at Police Station CAW
Cell, Nanakpura, Delhi and the consequent proceedings emanating
there from are quashed.
9. Order Dasti under the signatures of the Court Master.
OCTOBER 08, 2018 SANJEEV SACHDEVA, J
'rs'
