Babu Shanker vs State (Nct Of Delhi) & Anr.
2018 Latest Caselaw 5574 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Judgment delivered on:13.09.2018

+     CRL.M.C. 4454/2018

BABU SHANKER                                          ..... Petitioner
                          versus

STATE (NCT OF DELHI) & ANR                            ..... Respondents

Advocates who appeared in this case:
For the Petitioner :      Mr. Arvind Duggal, Advocate.

For the Respondents :     Mr. Kamal Kr. Ghai, APP for the State with SI
                          Jasmer Singh.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                   JUDGMENT

13.09.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks quashing of FIR No. 457 of 2000 under Sections 498A/406 IPC registered at Police Station Jahangir Puri, 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. The parties have already been divorced. Respondent no. 2 after divorce has remarried.

4. Respondent No.2 is present in person and is identified by the Investigating Officer. She submits that she has settled her disputes with the petitioner and does not wish to press charges against the petitioner and prosecute the complaint any further.

5. 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, 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.

6. In view of the above, the petition is allowed. FIR No. 457 of 2000 under Sections 498A/406 IPC registered at Police Station Jahangir Puri, Delhi and the consequent proceedings emanating there from are quashed.

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

SEPTEMBER 13, 2018                SANJEEV SACHDEVA, J
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