Delhi High Court
Yudhvir Singh & Ors. vs State (Nct Of Delhi ) & Anr. on 24 September, 2018
$~86
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 24.09.2018
+ CRL.M.C. 4863/2018
YUDHVIR SINGH & ORS. ..... Petitioners
versus
STATE (NCT OF DELHI ) & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. H.R. Khan Suhel, Mr. Abhishek Bakshi & Mr.
Samar Khan, Advs.
For the Respondent: Mr. Sanjeev Sabharwal,, Addl. PP for the State
with ASI Rajeshwar
Mr. S.N. Khanna with Ms. Geeta Khanna, Advs. for R-2
with R-2 in person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
24.09.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 32741/2018 (Exemption)
Allowed, subject to all just exceptions.
CRL.M.C. 4863/2018
1. Petitioners seek quashing of FIR No. 424 of 2004 under Sections
498A/406/32 of the IPC registered at Police Station Dwarka, Sector-23,
Delhi, based on a settlement. It is contended that the FIR was lodged
consequent to a matrimonial discord.
2. Exemption on behalf of petitioner no. 1 is sought on the ground that
he is a permanent resident of Ahmedabad and on account of certain
exigency he could not travel to Delhi. He has executed special power of
attorney in favour of his father-petitioner no. 2.
3. Learned counsel for the parties submit that the parties have entered
into a settlement before the Delhi Mediation Centre, Dwarka Courts, Delhi
on 27.04.2018. The parties have already taken divorce and a decree of
divorce has been passed on 24.11.2011.
4. As per the settlement, petitioner has to pay a total sum of Rs. 60
lakhs. Rs. 40 lakhs has been deposited in the name of the minor son in
Fixed Deposits. The Original FDRs are in the name of minor son through
his mother as a guardian. Another sum of Rs. 20 lakhs has been paid by
way of Pay Orders/DD Nos. 389113 and 611800 both dated 12.07.2018 of
Rs. 10 lakhs each issued by Punjab National bank and State Bank of India,
respectively.
5. Petitioners further have agreed to transfer one HIG Flat No. 153,
Adarsh P.V. CGHS Limited, Princess Park, Plot No. 33, Sector-6, Dwarka,
Delhi in favour of the minor son. Gift Deed dated 17.09.2018 has been duly
executed and registered. Original Gift Deed has been handed over to
respondent no. 2 along with original conveyance deed of the said flat.
6. As per the settlement, the permanent custody of minor son shall
remain with respondent No.2. The petitioner no. 2 and 3 who are present in
Court undertake on their behalf as well as on behalf of petitioner no. 1 that
they shall not claim any rights contrary to the settlement terms. The
undertakings are accepted.
7. Parties further submit that with this settlement, all the disputes and
all the claims of the complainants stand settled and there is no other
complaint surviving against each other.
8. Respondent no. 2 is present in court in person, represented by
counsel and is identified by the IO. Respondent no. 2 submits that she has
settled the dispute with the petitioners and is agreeable to the settlement and
does not wish to press the criminal charges against the petitioners any
further.
9. In view of the fact that the disputes between the petitioners and
respondent no. 2 emanate out of a matrimonial discord and have been
settled, 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 there from.
10. In view of the above, the petition is allowed. FIR No. 424 of 2004
under Sections 498A/406/32 of the IPC registered at Police Station
Dwarka, Sector-23, Delhi, and the consequent proceedings emanating there
from are, accordingly quashed.
11. Order Dasti under signatures of the Court Master.
SEPTEMBER 24, 2018/'rs' SANJEEV SACHDEVA, J
