Pranav Sharma vs State & Anr.
2018 Latest Caselaw 5767 Del

$~79
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                    Judgment delivered on:24.09.2018

+      CRL.M.C. 4846/2018
       PRANAV SHARMA                                      ..... Petitioner

                            versus

       STATE & ANR                                        ..... Respondents
Advocates who appeared in this case:
For the Petitioner  :        Mr.G.D.Chotmurada, Adv.

For the Respondent   :      Mr.Kewal Singh Ahuja, APP for the State.
                            ASI Kunji Lal, P.S.Hazrat Nizamuddin.
                            Mr.R.C.Sharma, Adv. for R-2.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                     JUDGMENT

24.09.2018

SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.32680/2018 (exemption) Exemption is allowed subject to all just exceptions. Crl.M.C.4846/2018

1. Petitioner seeks quashing of FIR No.556/2015 under Sections 406/498A/34 IPC, Police Station Hazrat Nizamuddin.

2. Subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioners submits that the parties have settled their disputes and Settlement Deed dated 16.07.2018 has been

executed between the parties. As per the Settlement Deed total amount of Rs.11,00,000 has already been paid. The parties have already taken divorce by mutual consent on 23.08.2018.

4. 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 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.556/2015 under Sections 406/498A/34 IPC, Police Station Hazrat Nizamuddin and the consequent proceedings emanating there from are quashed.

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

SEPTEMBER 24, 2018                          SANJEEV SACHDEVA, J
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