Manoj Kumar v. The State (Gnct Of Delhi)& ANR

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 410/2018 MANOJ KUMAR ..... Petitioner Through :

Mr Kunal Sharma, proxy counsel.

versus THE STATE (GNCT OF DELHI)& ANR.

.... Respondents Through :

Mr Arun Kumar Sharma, Addl.

PP for the State.

SI Arun Kumar, PS Bhajan Pura.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 25.01.2018 Crl. M.A. 1576/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 410/2018 1.

The petitioner seeks quashing of FIR No.62/2017 under Sections 509/506 IPC and Section 66 of the Information Technology Act, 2000, Police Station Bhajanpura.

2.

The subject FIR emanates out of the matrimonial discord. Petitioner is the husband of respondent No.2.

3.

Parties have settled their dispute through the process of mediation at the Delhi Government Mediation & Conciliation Centre on 27.04.2017. 4.

Respondent No.2 is present in person in Court today and is identified by the Investigating Officer. She confirms that the settlement has taken place. The First Motion has already been recorded on 18.12.2017. Crl.M.C.410/2018

5.

By way of Settlement, a total sum of Rs.4,50,000/- has been agreed to be paid to respondent No.2 in full and final settlement of all claims of respondent No.2.

A sum of Rs.2,25,000/- has already been paid and balance amount of Rs.2,25,000/- is to be paid at the time of recording of the statement for the Second Motion. .

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 disputes through the process of mediation at the Delhi Government Mediation & Conciliation Centre 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.62/2017 under Sections 509/506 IPC and Section 66 of the Information Technology Act, 2000, Police Station Bhajanpura, and the consequent proceedings emanating therefrom are hereby quashed.

8.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J JANUARY 25, 2018/'Sn'

Crl.M.C.410/2018