Gopal Kumar & Ors. vs The State (Nct Of Delhi) & Anr.
2018 Latest Caselaw 5811 Del

$~78
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 25.09.2018

+      CRL.M.C. 4753/2018
GOPAL KUMAR & ORS.                                      ..... Petitioners
                           versus

THE STATE (NCT OF DELHI) & ANR.                     ..... Respondents
Advocates who appeared in this case:
For the Petitioner :      Mr. Sanchit Vashistha, Adv.

For the Respondent:        Mr. Raghuvinder Verma, Addl. PP for the State
                           with SI Omveer Singh
                           Ms. Suman Sharma, Adv. for R-2

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

25.09.2018 SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek quashing of FIR No. 525 of 2016 under Sections 498A/406/34 of the IPC registered at Police Station Nand Nagari, Delhi, based on a settlement. It is contended that the FIR was lodged consequent to a matrimonial discord.

2. Learned counsel for the parties submit that the parties have entered into a settlement before the Delhi Mediation Centre, Dwarka Courts, Delhi on 30.10.2017. Parties have already been divorced by

way of a decree of divorce by mutual consent, passed on 22.03.2018.

3. As per the settlement, a total sum of Rs. 4,50,000/- has been agreed to be paid to respondent no. 2. A sum of Rs. 3,00,000/- has already been paid and the balance sum of Rs. 1,50,000/- has been paid by way of DD No. 413532 dated 13.09.2018 issued by Oriental Bank of Commerce, today in Court to respondent No. 2 who is present in Court in person.

4. As per the settlement, the petitioner who is present in Court, undertakes that he shall withdraw the case filed by him against respondent no. 2. The undertaking is accepted.

5. 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.

6. In view of the fact that the disputes between the petitioner 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.

7. In view of the above, the petition is allowed. FIR No. 525 of 2016 under Sections 498A/406/34 of the IPC registered at Police Station Nand Nagari, Delhi, and the consequent proceedings emanating there from are, accordingly quashed.

8. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J SEPTEMBER 25, 2018 'rs'