Anand & ORS v. Govt Of NCT Of Delhi & ANR

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 314/2018 ANAND & ORS ..... Petitioners Through :

Mr Anil Kumar Saxena, Advocate.

versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through :

Mr Akshai Malik, Addl. PP for the State.

Mr Sankar Kumar Gorai and Mr Manish Bhadamini, Advocates for R-2.

SI Kishanveer Bhati, PS Shakarpur.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 22.01.2018 Crl. M.A. 1201/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 314/2018 1.

By this petition, the petitioners seek quashing of FIR No.676 /2016 under Sections 498A/406/34 IPC, Police Station Shakarpur. 2.

The subject FIR emanates out of matrimonial discord. Petitioner No.1 was the husband of respondent No.2. Petitioner Nos.2 & 3 are the parents of petitioner No.1.

Petitioner Nos. 4 & 5 are the sisters of petitioner No.1.

3.

Parties have settled their dispute. The Memorandum of Settlement dated 07.04.2017 has been executed between the parties before the Delhi Mediation Centre, Karkardooma Courts, Delhi.

Crl.M.C.314/2018

4.

Respondent No.2 is present in Court in person, is represented by counsel and identified by the Investigating Officer. She confirms that the settlement has taken place and further that the marriage between the parties has been dissolved by way of mutual consent on 02.11.2017. 5.

By way of this Settlement, a sum of Rs.6,50,000/- was agreed to be paid to respondent No.2, out of which Rs.5.5 lakhs has already been paid and the balance sum of Rs.1 lakh, has been paid in the Court today, by way of Cheque No.501332 dated 27.11.2017 issued by the ICICI Bank, Vasundhara Enclave, New Delhi, which is accepted by respondent No.2. 6.

In view of the above and keeping in view of the fact that the FIR emanates from matrimonial discord and the parties have resolved their dispute through a Memorandum of Settlement dated 07.04.2017 before the Delhi Mediation Centre Karkardooma Courts and respondent No. 2 does not wish to press her complaint, 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.

Accordingly, FIR No.676/2016 under Sections 498A/406/34 IPC, Police Station Shakarpur, and the consequent proceedings emanating therefrom are hereby quashed.

8.

Order Dasti under signatures of Court Master. JANUARY 22, 2018/'Sn'

SANJEEV SACHDEVA, J Crl.M.C.314/2018