Vishal Vinay Bhatt & Ors. vs State Of Nct Of Delhi
2018 Latest Caselaw 5845 Del

$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Judgment delivered on: 26.09.2018

+      CRL.M.C. 4927/2018
VISHAL VINAY BHATT & ORS                             ..... Petitioners
                          versus

STATE OF NCT OF DELHI                                ..... Respondent
Advocates who appeared in this case:
For the Petitioner :      Mr.Deepak Maharaj, Adv.

For the Respondent:       Mr. Sanjeev Sabharwal,, Addl. PP for
                          the State with SI Amrender, P.S.Fatehpur Beri
                          Mr.Mahesh Verma, Advocate for R-2 with R-2 in
                          person.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

26.09.2018 SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.32982/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 4927/2018 & Crl.M.A.32983/2018

1. Petitioners seek quashing of FIR No. 17 of 2017 under Sections 498A/406/34 of the IPC registered at Police Station Fatehpur Beri, 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 parties have entered into a settlement before the Delhi Mediation Centre, Saket Courts, Delhi on 06.06.2017. Parties have already been divorced by way of a decree of divorce by mutual consent, passed on 26.03.2018.

3. As per the settlement, a total sum of Rs. 6,50,000/- has been agreed to be paid to respondent no. 2. A sum of Rs. 4,50,000/- has already been paid and the balance sum of Rs. 2,00,000/- has been paid in cash today outside the Court.

4. 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. She confirms that she has received the entire settlement amount.

5. 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.

6. In view of the above, the petition is allowed. FIR No. 17 of 2017 under Sections 498A/406/34 of the IPC registered at Police Station Fatehpur Beri, Delhi and the consequent proceedings emanating there from are, accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J SEPTEMBER 26, 2018 rk