Delhi High Court
Vikash & Ors. vs The State (Nct Of Delhi) & Anr. on 4 September, 2018
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:04.09.2018
+ CRL.M.C. 4439/2018
VIKASH & ORS. ..... Petitioners
versus
THE STATE (NCT OF DELHI) & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Ms. Pooja Aggarwal with Mr. S.K.
Tiwari, Advocates, Advocates.
For the Respondent : Mr. Kewal Singh Ahuja, APP for the
State with the IO Rajeev Kumar
Mr. Dinesh Kumar, Advocate for
respondent No.2 with respondent
No.2 in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
04.09.2018
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioners seek quashing of FIR No.2464/2014 under
Sections 498A/406/34 IPC, Police Station Mehrauli.
2. The subject FIR emanates out of matrimonial discord.
Petitioner No.1 is the husband of respondent No.2. Petitioner No.2 is
the mother-in-law of the respondent No.2. Petitioner No.3 is the
father-in-law of the respondent No.2.
3. Learned counsel for the petitioners submits that the parties have
settled their disputes before the Counselling Cell, Family Court, Saket
on 22.05.2017. The parties have already been divorced by way of a
decree of divorce by mutual consent, passed on 06.03.2018.
4. The respondent No.2 was to be paid a total sum of
Rs.5,50,000/- in full and final settlement of all her claims. A sum of
Rs.4,00,000/- has already been paid. The balance sum of
Rs.1,50,000/- has been paid to the respondent No.2 by way of
Demand Draft No.34563 dated 27.08.2018 drawn on Oriental Bank of
Commerce.
5. The respondent No.2 is present in person, represented by
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 by mutual
consent, passed on 06.03.2018, 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.2464/2014
under Sections 498A/406/34 IPC, Police Station Mehrauli and the
consequent proceedings emanating there from are quashed.
8. Order Dasti under the signatures of the Court Master.
SEPTEMEBER 04, 2018 SANJEEV SACHDEVA, J
st
