Delhi High Court
Yash Bindlish & Ors vs State & Anr on 11 October, 2018
$~88
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:11.10.2018
+ CRL.M.C. 5236/2018
YASH BINDLISH & ORS ..... Petitioners
versus
STATE & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Abhijit Acharya, Adv.
For the Respondents : Mr. Panna Lal Sharma, Addl. PP for the State with
SI Rahul Soni
Ms. Namita Roy, Adv. for R-2 with R-2 in
person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
11.10.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 34145/2018 (Exemption)
Allowed, subject to all just exceptions.
CRL.M.C. 5236/2018
1. Petitioners seek quashing of FIR No. 75 of 2016 under Sections
498A/406/34 IPC registered at Police Station Greater Kailash, New
Delhi, based on a settlement.
2. Subject FIR emanates out of matrimonial discord.
3. Learned counsel for the petitioners submits that parties have
settled their disputes and settlement dated 25.06.2018 has been
executed between the parties. Petitioner no. 1 and respondent no. 2
have amicably dissolved their marriage by mutual consent and decree
of divorce dated 25.06.2018 has been passed.
4. As per the settlement, a total sum of Rs. 40 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. 35
lakhs has already been paid and the balance sum of Rs. 5 lakhs is
being paid by way of DD/Bankers Cheque No. 146090 dated
01.10.2018 issued by Canara Bank to respondent no. 2, today in
Court. The above amount of Rs. 40 lakhs have been paid apart from
the return of agreed articles. Parties confirm that all articles have been
returned.
5. 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, passed on
14.09.2018, 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. FIR No. 75 of
2016 under Sections 498A/406/34 IPC registered at Police Station
Greater Kailash, New Delhi and the consequent proceedings
emanating there from are quashed.
8. Order Dasti under the signatures of the Court Master.
OCTOBER 11, 2018 SANJEEV SACHDEVA, J
'rs'
