Delhi High Court
Anita & Ors. vs The (Govt. Of Nct Of Delhi) & Anr. on 30 October, 2018
$~55 & 57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 30.10.2018
+ W.P. (CRL.) 1686/2018
ANITA & ORS. ..... Petitioners
versus
THE (GOVT. OF NCT OF DELHI) & ANR ..... Respondents
+ W.P. (CRL.) 1742/2018
KULDEEP DABAS & ORS. ..... Petitioners
versus
STATE & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. K. Pandey and Mr. Narender Singh, Advs. in
W.P. (Crl.) 1686/2018
Mr. Kuldeep Dabas and Ms. Rakhee Gupta,
Advs. in W.P. (Crl.) 1742/2018
For the Respondents: Ms. Kamna Vohra, Addl. PP for the State with SI
ASI Gordhan Singh in W.P. (Crl.) 1686/2018
Ms. Iti Pandey, Addl. PP for the State with SI
ASI Gordhan Singh in W.P. (Crl.) 1742/2018
Mr. K. Pandey and Mr. Narender Singh, Advs. for
R-2 in W.P. (Crl.) 1686/2018
Ms. Rakhee Gupta, Adv. for R-2 in W.P. (Crl.)
1742/2018
W.P. (CRL) 1686/2018 & 1742/2018 Page 1 of 4
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
30.10.2018
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioners, in W.P. (Crl.) 1686/2018, seek quashing of FIR
No. 167 of 2017 under Sections 325/34 of the IPC registered at Police
Station Prashant Vihar, Delhi and the petitioners, in W.P. (Crl.)
1742/2018, seek quashing of FIR No. 166 of 2017 under Sections
354/509/323/34 of the IPC registered at Police Station Prashant Vihar,
Delhi, based on a settlement.
2. Subject FIRs are cross FIRs registered between erstwhile
husband and wife and their relations and are offshoots of a
matrimonial dispute.
3. Subject FIRs were registered consequent to a quarrel that took
place between the parties during subsistence of marriage. It is
informed that the FIR registered on the complaint of the petitioner in
W.P. (Crl.) 1686/2018, being FIR No. 640/2013 under Sections
498A/406/34 of the IPC registered at Police Station Narela has already
been quashed by order dated 30.05.2018 in Crl. M.C. 3099/2018.
4. Learned counsels for the parties submit that the parties have
settled their disputes and settlement agreement has been executed.
5. In terms of the settlement, petitioners in W.P. (Crl.) 1742/2018
have to pay a sum of Rs. 3,95,000/- to respondent no. 2. Said amount
is paid by way of DD No. 540861 dated 05.09.2018 (re-validated upto
31.11.2018) issued by Syndicate Bank. The above DD has been
handed over to Ms. Anita who is present in person in Court.
6. Respondents/Complainants/Injured in the respective FIRs are
present in court in person, represented by their counsels and are
identified by the Investigating Officer. They submit that they have
settled the disputes inter-se the parties and are agreeable to the
settlement and do not wish to press the criminal charges against each
other any further.
7. In view of the fact that the disputes between the petitioners and
respondents have been settled, 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 petitions are allowed. FIR No. 167 of
2017 under Sections 325/34 of the IPC registered at Police Station
Prashant Vihar, Delhi and FIR No. 166 of 2017 under Sections
354/509/323/34 of the IPC registered at Police Station Prashant Vihar,
Delhi and the consequent proceedings emanating therefrom are,
accordingly quashed.
9. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
OCTOBER 30, 2018
'rs'
