Delhi High Court
Gajender Singh & Ors vs State (Nct Of Delhi) & Ors. on 11 October, 2018
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:11.10.2018
+ CRL.M.C. 5216/2018
GAJENDER SINGH & ORS ..... Petitioners
versus
STATE (NCT OF DELHI) & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Ms. D.K. Sharma, Adv.
For the Respondents : Mr. Kewal Singh Ahuja, Addl. PP for the State
with SI Sanjogita
Mr. Rohit Dahiya, Adv. for R-3 with R-3 in
person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
11.10.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 34081/2018 (Exemption)
Allowed, subject to all just exceptions.
CRL.M.C. 5216/2018
1. Petitioners seek quashing of FIR No. 411 of 2016 under
Sections 323/354/377/506/34 IPC registered at Police Station Palam
Village, Delhi, based on a settlement.
2. Subject FIR emanates out of matrimonial discord.
3. The allegations under Section 377 of the IPC in the FIR have
been made by respondent no. 3 (wife) against her husband/petitioner.
4. Learned counsel for the petitioners submits that parties have
settled their disputes and settlement dated 18.06.2018 has been arrived
at between the parties before Delhi High Court Legal Service
Committee Mediation, CAW Cell. Parties have amicably dissolved
their marriage by mutual consent and decree of divorce dated
31.07.2018 has been passed.
5. As per the settlement, a total sum of Rs. 5,25,000/- 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. 3. A sum of Rs. 2
lakhs has already been paid and the balance sum of Rs. 3,25,000/- is
being paid by way of DD/Bankers Cheque No. 046702 dated
08.10.2018 issued by Axis Bank to respondent no. 3, today in Court.
6. Respondent No.3 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.
7. 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
31.07.2018, 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.
8. In view of the above, the petition is allowed. FIR No. 411 of
2016 under Sections 323/354/377/506/34 IPC registered at Police
Station Palam Village, Delhi and the consequent proceedings
emanating there from are quashed.
9. Order Dasti under the signatures of the Court Master.
OCTOBER 11, 2018 SANJEEV SACHDEVA, J
'rs'
