Delhi High Court
Shyam Sunder & Ors. vs State & Anr. on 28 September, 2018
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:28.09.2018
+ CRL.M.C. 4960/2018
SHYAM SUNDER & ORS. ..... Petitioners
versus
STATE & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Naushad A. Khan, Advocate.
For the Respondents : Mr. Hirein Sharma, APP for the State.
Mr. Ekram Ali Ansari, Advocate for
respondent No.2 with respondent No.2 in person.
SI Ranbir Singh, PS Neb Sarai.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
28.09.2018
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioner seeks quashing of FIR No.88/2015 under
Sections 498A/406/34 IPC, Police Station Neb Sarai, based on the
settlement.
2. Learned counsel for the petitioners prays for an exemption for
personal appearance of petitioner No.5, who is the sister of the
petitioner No.1 - husband, on the ground that she is the permanent
resident of Bombay and could not travel to Delhi. Petitioner No.5 has
filed an affidavit in support of the petition.
3. In view of the above, the petitioner No.5 is granted exemption
from personal appearance.
4. Subject FIR emanates out of matrimonial discord. Petitioner
No.1 is the husband of respondent No.2. Petitioner Nos.2 and 3 are the
mother-in-law and father-in-law of the respondent No.2. Petitioner
No.4 is the brother-in-law of the respondent No.2. Petitioner No.5 is
the sister-in-law of the respondent No.2.
5. Learned counsel for the petitioners submits that the parties have
settled their disputes before the Family Court, Sonipat on 09.07.2018.
The parties have already been divorced by way of a decree of divorce
by mutual consent, passed on 09.07.2018.
6. The respondent No.2 was to be paid a total sum of
Rs.12,25,000/- in full and final settlement of all her claims. The entire
sum of Rs.12,25,000/- has already been paid.
7. The 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.
8. 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 09.07.2018, 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.
9. In view of the above, the petition is allowed. FIR No.88/2015
under Sections 498A/406/34 IPC, Police Station Neb Sarai and the
consequent proceedings emanating there from are quashed.
10. Order Dasti under the signatures of the Court Master.
SEPTEMEBER 28, 2018 SANJEEV SACHDEVA, J
st
