Vinod Kumar vs The State (Nct Of Delhi) & Anr
2018 Latest Caselaw 6164 Del

$~87
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                        Judgment delivered on:09.10.2018

+       CRL.M.C. 5174/2018
VINOD KUMAR                                                     ..... Petitioner
                                versus

THE STATE (NCT OF DELHI) & ANR                                  ..... Respondents
Advocates who appeared in this case:
For the Petitioner :            Mr. Baljeet Kumar & Mr. Dinesh Aggarwal, Advs.

For the Respondents     :       Mr. Kewal Singh Ahuja, APP for State.
                                Mr. Pradeep Chauhan & Mr. Arun Raghav, Advs. for R.2
                                ASI Digpal Singh, PS Sonia Vihar, New Delhi.
                                Respondent no. 2 in person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                    JUDGMENT

09.10.2018 SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks quashing of FIR No.141/2017 under Section 325 IPC, Police Station - Sonia Vihar.

2. Parties are husband and wife. Subject FIR was registered on a complaint made by respondent no.2-wife that her husband beaten her.

3. Parties have settled their disputes before the Counselling Cell, Karkardooma Court. As per the settlement, petitioner had agreed to pay a total sum of Rs.4,60,000/- to the respondent no.2. Parties have also agreed to dissolve their marriage with mutual consent. A sum of Rs.3,80,000/- has already been paid and marriage between the parties

had been dissolved by way of decree dated 1st August, 2018. The balance amount of Rs.80,000/- was paid to the respondent no.2 today outside the Court.

4. Respondent no.2, present in Court in person, represented by her counsel and identified by the Investigating Officer. She acknowledges the receipt of entire amount of Rs.4,60,000/-. She submits that she has settled with the petitioner and does not wish to prosecute the complaint any further and she has no objection to the quashing of subject FIR.

5. In view of the fact that 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.

6. In view of the above, the petition is allowed. FIR No.141/2017 under Sections 325 IPC, Police Station - Sonia Vihar and the consequent proceedings emanating there from are quashed.

7. Order Dasti under the signatures of the Court Master.

OCTOBER 09, 2018/ak                       SANJEEV SACHDEVA, J