Delhi High Court
Goldi Arora & Ors. vs The State & Anr. on 26 September, 2018
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:26.09.2018
+ CRL.M.C. 4916/2018
GOLDI ARORA & ORS. ..... Petitioners
versus
THE STATE & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. J.S. Kanwar, Advocate.
For the Respondents : Mr. Raghuvender Verma, APP for the State.
Mr. Rajesh Vasisht, Advocate for R-2.
SI Omender Kumar, PS Welcome.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
26.09.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.32944/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4916/2018
1. Petitioners seek quashing of FIR No.11/2012 under Sections
498-A/406/34 IPC read with Section 4 Dowry Prohibition Act, Police
Station Welcome.
2. Subject FIR emanates out of matrimonial discord. Petitioner
No.1 is the husband of respondent No.2. Petitioner No.2 is the
brother-in-law of the respondent No.2. Petitioner No.3 is the wife of
the bother-in-law of the respondent No.2. Petitioner No.4 is the sister-
in-law of the respondent No.2. Petitioner No.5 is the husband of the
sister-in-law of the respondent No.2.
3. Learned counsel for the petitioners submits that the parties have
settled their disputes before the Counselling Cell, Family Court,
Karkardooma Courts on 15.12.2017. Parties have already been
divorced by way of a decree of divorce by mutual consent, passed on
14.08.2018.
4. Respondent No.2 was to be paid a total sum of Rs.1,40,000/- in
full and final settlement of all her claims. A sum of Rs.1,00,000/- has
already been paid. The balance sum of Rs.40,000/- has been paid to
the respondent No.2 by way of Demand Draft No.001166 dated
12.09.2018 drawn on Bank of Baroda.
5. 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 petitioners and does not wish to press
charges against the petitioners and prosecute the complaint any
further.
6. 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 by way of a decree of divorce by mutual
consent, passed on 14.08.2018, 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.
7. In view of the above, the petition is allowed. FIR No.11/2012
under Sections 498-A/406/34 IPC read with Section 4 Dowry
Prohibition Act, Police Station Welcome and the consequent
proceedings emanating there from are quashed.
8. Order Dasti under the signatures of the Court Master.
SEPTEMBER 26, 2018 SANJEEV SACHDEVA, J
st
