Delhi High Court
Naveen Jain & Anr. vs The State Of Nct Delhi & Anr. on 7 September, 2018
$~84
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:07.09.2018
+ W.P. (CRL) 2669/2018
NAVEEN JAIN & ANR. ..... Petitioners
versus
THE STATE OF NCT DELHI & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Neeraj Kant Singh, Advocate.
For the Respondent : Ms. Iti Pandey, Advocate with Ms. Nandita Rao,
ASC (Crl.)
SI Parveen Kumar, PS South Rohini.
Ms. Akanksha Bhatia, Advocate for R-2 with R-2 in
person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
07.09.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.31585/2018 (exemption)
Exemption is allowed subject to all just exceptions.
W.P. (CRL) 2669/2018
1. The petitioners seek quashing of FIR No.37/2017 under
Sections 498A/406/34 IPC, Police Station South Rohini.
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.
3. Learned counsel for the petitioners submits that the disputes
between the parties have been settled. The parties have already been
divorced by way of a decree of divorce by mutual consent, passed on
23.03.2018.
4. The respondent No.2 was to be paid a total sum of
Rs.9,00,000/- in full and final settlement of all her claims. A sum of
Rs.6,00,000/- has already been paid. The balance sum of
Rs.3,00,000/- has been paid to the respondent No.2 by way of
Demand Draft No.871163 dated 28.06.2018 drawn on Kotak
Mahindra Bank.
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 23.03.2018, 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.37/2017
under Sections 498A/406/34 IPC, Police Station South Rohini and the
consequent proceedings emanating there from are quashed.
8. Order Dasti under the signatures of the Court Master.
SEPTEMEBER 07, 2018 SANJEEV SACHDEVA, J
st
