Amit Choudhary vs State & Anr.
2018 Latest Caselaw 5430 Del

$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on:10.09.2018

+     CRL.M.C. 2912/2018
      AMIT CHOUDHARY                                  ..... Petitioners
                           versus

      STATE & ANR                                     ..... Respondents


Advocates who appeared in this case:
For the Petitioner :      Ms.Rita Salija, Adv.

For the Respondents :      Mr.Raghuvinder Verma, APP for the State.
                           Ms.Veena Kalra, Adv. for R-2.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                   JUDGMENT

10.09.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No.16/2012 under Sections 498A/406/34 IPC, Police Station CAW Nanak Pura.

2. The subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioners submits that the parties have settled their disputes through the process of mediation held before Delhi Mediation Centre, Dist. West, Tis Hazari Courts, Delhi on

21.08.2017. The parties have already been divorced by way of a decree of divorce passed on 28.03.2018.

4. As per the settlement, the minor child is in the permanent custody of the respondent no.2 - mother with visitation rights to the petitioner. The petitioner, who is present in Court in person, undertakes that he shall not claim any rights contrary to the settlement terms. The undertaking is accepted.

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, passed on 28.03.2018, 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.16/2012 under Sections 498A/406/34 IPC, Police Station CAW Nanak Pura and the consequent proceedings emanating there from are quashed.

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

SEPTEMEBER 10, 2018                    SANJEEV SACHDEVA, J
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