Vinit Handa @ Shankar & Ors. vs The State (Govt. Of Nct Of Delhi) & ...
2019 Latest Caselaw 1084 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                     Judgment delivered on:18.02.2019

+      CRL.M.C. 3544/2018
VINIT HANDA @ SHANKAR & ORS.                           ..... Petitioners
                             versus

THE STATE (GOVT. OF NCT OF DELHI) & ANR...... Respondents
Advocates who appeared in this case:
For the Petitioner :         Mr. Rajiv Bajaj and Ms. Sagrika Wadhwa, Advs.

For the Respondent    :      Mr. Sanjeev Sabharwal, APP for the State
                             with SI Rajeshwar, PS Shahdara
                             Respondent No. 2 in person

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No.415/2014, under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition Act, Police Station Shahdara, Delhi based on a settlement.

2. Subject FIR was lodged consequent to a matrimonial discord.

3. Learned counsel for the petitioner submits that parties have resolved their disputes and terms of settlement were recorded in an application filed on behalf of petitioner no. 1 before the Court of Metropolitan Magistrate.

4. As per the terms of settlement, petitioner no. 1 has undertaken to pay

a sum of Rs. 6 lakhs in full and final settlement of all the claims (past, present and future maintenance and Istridhan articles) of respondent no. 2/complainant.

5. Respondent No.2 is present in person and is identified by the Investigating Officer. She submits that she has amicably resolved the disputes with her husband and his family members. She confirms that she has received the entire amount of Rs. 6 lakhs in full and final settlement of all her claims. She submits that she does not wish to press charges against the petitioners and has no objection to the quashing of the subject FIR. She has also filed her affidavit in support thereof.

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.415/2014, under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition Act, Police Station Shahdara, Delhi and the consequent proceedings emanating there from are quashed.

8. Order Dasti under the signatures of the Court Master.

FEBRUARY 18, 2019/'rs'                         SANJEEV SACHDEVA, J