Delhi High Court
Atul Kumar Gupta & Ors. vs The State & Anr. on 5 September, 2018
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 05.09.2018
+ W.P.(CRL) 2639/2018
ATUL KUMAR GUPTA & ORS. ..... Petitioners
versus
THE STATE & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Manobal Gupta, Adv.
For the Respondent : Mr. Rajesh Mahajan, ASC with Ms. Jyoti Babbar,
Advocate with SI Parmod Kumar, PS Sangam
Vihar.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
05.09.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 31383/2018 (Exemption)
Allowed, subject to all just exceptions.
W.P.(CRL) 2639/2018
1. The petitioners seek quashing of FIR No. 164 of 2015 under
Sections 498A/406/34 IPC registered at Police Station Sangam Vihar,
Delhi, based on a settlement.
2. The subject FIR emanates out of matrimonial discord.
Petitioner No.1 is the husband of respondent No.2. Petitioner No.2
and 5 are the other family members of petitioner no. 1.
3. Learned counsel for the petitioners submits that the parties have
settled their disputes and a Memorandum of Settlement dated
03.07.2018 has been entered into the parties.
4. Learned counsel for the petitioner informs that the parties have
also applied for divorce by mutual consent and statements of the
parties were recorded on 31.08.2018 in support of the second motion.
He submits that certified copy is not available. He has applied for the
same.
5. As per the settlement, the permanent custody of the children is
to remain with respondent no. 2. The petitioner who appears in person
undertakes that he shall not claim any rights contrary to the settlement
terms. The undertaking is accepted.
6. The respondent No.2 was to be paid a total sum of Rs.
5,00,000/- in full and final settlement of all her claims. The entire
amount of Rs. 5 lakhs has already been paid to respondent no. 2.
Respondent no. 2 submits that she has received the entire settlement
amount.
7. The respondent No.2 is present in person 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.
8. 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 applied for divorce and given their statements in support of the
second motion on 31.08.2018, 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.
9. In view of the above, the petition is allowed. FIR No. 164 of
2015 under Sections 498A/406/34 IPC registered at Police Station
Sangam Vihar, Delhi and the consequent proceedings emanating there
from are quashed.
10. The writ petition is disposed of in the above terms.
11. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
SEPTEMBER 05, 2018/'rs'
