Isha Sharma & Ors. vs State & Anr.
2018 Latest Caselaw 6317 Del

$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                     Judgment delivered on: 15.10.2018

+       CRL.M.C. 5047/2018
        ISHA SHARMA & ORS                                   ..... Petitioners

                             versus

        STATE & ANR.                                        ..... Respondents
Advocates who appeared in this case:
For the Petitioner:          Ms.Supriya Juneja, Advocate.

For the Respondents:         Ms. Neelam Sharma, APP for the State.
                             SI Ashok Kumar, P.S.Amar Colony.
                             Mr. Satyam Thareja, Adv. for R-2 along with respondent
                             No.2 in person.
                             Mr.Rinku Sharma, R-3 in person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                 JUDGMENT

15.10.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek quashing of FIR No.292 of 2011 under Sections 420/406/384/506/494/120B of the IPC registered at Police Station Amar Colony, New Delhi, based on a settlement.

2. Subject FIR is an off shoot of a matrimonial discord. Respondent No.2 is the husband of the petitioner No.1.

3. Learned counsels for the parties submit that parties have settled their

disputes before the Lok Adalat, Family Court, Rohini on 08.04.2017. Parties have divorced by way of mutual consent and decree of divorce dated 27.03.2018 has been passed. The cross FIR registered on the complaint of petitioner No.1 against inter-alia respondent No.2 has already been quashed.

4. Respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. He submits that he has settled the disputes with the petitioner and does not wish to press charges against the petitioner and prosecute the complaint any further.

5. In view of the fact that the parties have resolved their disputes and respondent No. 2 does not wish to press his complaint, 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.292 of 2011 under Sections 420/406/384/506/494/120B of the IPC registered at Police Station Amar Colony, New Delhi and the consequent proceedings arising therefrom are, accordingly, quashed.

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

SANJEEV SACHDEVA, J OCTOBER 15, 2018/rk