Ravinder & Ors vs State Govt Of Nct Delhi & Anr
2018 Latest Caselaw 5904 Del

$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                     Judgment delivered on: 28.09.2018

+      CRL.M.C. 4968/2018
RAVINDER & ORS                                             ..... Petitioners
                      versus

STATE GOVT OF NCT DELHI & ANR                              ..... Respondents
Advocates who appeared in this case:
For the Petitioner :      Mr.Ghanshyam Mishra, Adv.

For the Respondent:            Mr.Kewal Singh Ahuja, Addl. PP for the State.
                               Ms.Cheema Sharma, Adv. for R-2.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                 JUDGMENT

28.09.2018 SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek quashing of FIR No. 42 of 2011 under Sections 498A/406/34 of the IPC registered at Police Station Naraina, 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 MOU dated 25.03.2015. Parties have already been divorced by way of a decree of divorce, passed on 13.12.2017.

3. As per the settlement, a sum of Rs. 50,000/- was agreed to be paid. A sum of Rs.30,000/- has already been paid. Balance amount of Rs.20,000/- has been handed over to respondent no. 2 in cash.

4. Respondent no. 2 is present in court in person is represented by a counsel. Respondent no. 2 submits that she has settled the disputes with the petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any further.

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. 42 of 2011 under Sections 498A/406/34 of the IPC registered at Police Station Naraina, Delhi, and the consequent proceedings emanating there from are, accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SEPTEMBER 28, 2018/rk                     SANJEEV SACHDEVA, J