Delhi High Court
Kuldeep Singh Negi & Ors. vs The State (Nct Of Delhi) & Anr. on 11 September, 2018
$~88
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:11.09.2018
+ CRL.M.C. 4584/2018
KULDEEP SINGH NEGI & ORS. ..... Petitioners
versus
THE STATE (NCT OF DELHI) & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr.Rajesh Tandon, Advocate.
For the Respondents : Mr.Hirein Sharma, APP.
Mr.A.Banerjee, Advocate for R-2.
SI Megha Ram PS Sangam Vihar.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
11.09.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A. 31744/2018 (exemption)
Exemption is allowed subject to all just exceptions
Crl.M.C.4584/2018 & Crl.M.A. 31743/2018
1. The petitioners seek quashing of FIR No.7/2016 under Sections
498A/406/34 IPC, Police Station Sangam Vihar.
2. Subject FIR emanates out of matrimonial discord.
3. Learned counsel for the petitioner seeks exemption from
personal appearance of petitioner no.5. Petitioner no.5 is the sister-in-
law of the complainant and is presently in Tokyo. It is submitted that
she has executed a power of attorney in favour of her brother,
petitioner no.1. Petitioner no.1 who is present in court in person
submits that he represents her in the present petition as well.
4. In view of the above, petitioner no.5 is granted exemption from
personal appearance.
5. Learned counsel for the petitioners submits that the parties have
settled their disputes through the process of mediation held before
Delhi Mediation Centre, Saket Court, Delhi on 21.02.2018. The
parties have already been divorced by way of a decree of divorce
passed on 03.07.2018.
6. As per the settlement, the petitioner has agreed to pay a sum of
Rs.4,00,000/- to respondent no. 2 towards full and final settlement of
all her claims. A sum of Rs.2,75,000/- has already been paid. The
balance sum of Rs.1,25,000/- has been paid to the respondent No.2 by
way of Demand Draft No.698689 dated 16.07.2018 drawn on Bank of
India.
7. 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.
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 been divorced by way of a decree of divorce, passed on
03.07.2018, 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.7/2016
under Sections 498A/406/34 IPC, Police Station Sangam Vihar and
the consequent proceedings emanating there from are quashed.
10. Order Dasti under the signatures of the Court Master.
SEPTEMEBER 11, 2018 SANJEEV SACHDEVA, J
ab
