Delhi High Court
Ajay Sharma & Ors. vs The State Of Delhi & Anr. on 25 September, 2018
$~79
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 25.09.2018
+ CRL.M.C. 4893/2018
AJAY SHARMA & ORS. ..... Petitioners
versus
THE STATE OF DELHI & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Ram Pal Singh, Adv.
For the Respondent: Mr. Raghuvinder Verma,, Addl. PP for
the State with ASI Yogender Singh
Mr. Dinesh Kumar, Advocate for R-2 with R-2 in
person.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
25.09.2018
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioners seek quashing of FIR No. 535 of 2016 under
Sections 498A/406/34 of the IPC registered at Police Station
Shakarpur, Delhi, based on a settlement. It is contended that the FIR
was lodged consequent to a matrimonial discord.
2. Learned counsels for the parties submit that parties have
entered into a settlement before the Delhi Mediation Centre,
Karkardooma Courts, Delhi on 17.06.2016. Parties have already been
divorced by way of a decree of divorce by mutual consent, passed on
21.02.2017.
3. As per the settlement, a total sum of Rs. 6,00,000/- 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. 3,00,000/- has been paid
in the form of Fixed Deposit Receipt by depositing the same in favour
of the minor son under the guardianship of respondent no. 2- mother.
The original FDR has been handed over to respondent no. 2.
4. As per the settlement, the permanent custody of minor child
shall remain with respondent No.2. Petitioners who are present in
Court undertake that they shall not claim any rights contrary to the
settlement terms. 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 criminal charges against the
petitioners any further.
6. 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.
7. In view of the above, the petition is allowed. FIR No. 535 of
2016 under Sections 498A/406/34 of the IPC registered at Police
Station Shakarpur, 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'
