Delhi High Court
Rahul Verma vs The State Govt. Of Nct Of Delhi & ... on 12 September, 2018
$~63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:12.09.2018
+ CRL.M.C. 4621/2018
RAHUL VERMA ..... Petitioner
versus
THE STATE GOVT OF NCT OF DELHI& ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Ms.Reena Singh, Adv. with petitioner in person.
For the Respondents : Mr. Sanjeev Sabharwal, APP for the State with ASI
Devender Kumar.
Mr. Hitendar Mahalwal, Adv. for R-2 with R-2 in
person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
12.09.2018
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioner seeks quashing of FIR No. 344 of 2013 under
Sections 498A/406/34 IPC registered at Police Station Uttam Nagar,
District West Delhi, based on a settlement.
2. 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, Tis Hazari Courts, Delhi on 07.11.2016.
Parties have already been divorced by way of a decree of divorce
passed on 05.04.2018.
4. As per the settlement, a total sum of Rs. 1,40,000/- has been
agreed to be paid by the petitioner to respondent no. 2 in full and final
settlement of all the claims of respondent no. 2. A sum of Rs. One
lakh has already been paid and the balance sum of Rs. 40,000/- is
being paid today by way of DD No. 094124 dated 13.08.2018 issued
by Central Bank of India to respondent no. 2, today in Court.
5. 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 petitioner 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
05.04.2018, 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. 344 of
2013 under Sections 498A/406/34 IPC registered at Police Station
Uttam Nagar, District West Delhi and the consequent proceedings
emanating there from are quashed.
8. Order Dasti under the signatures of the Court Master.
SEPTEMEBER 12, 2018 SANJEEV SACHDEVA, J
'rs'
