Devinder & ORS v. State & ANR

$~50 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 419/2018 DEVINDER & ORS ..... Petitioners Through:

Mr. Kuldeep Kumar, Adv.

versus STATE & ANR ..... Respondents Through:

Mr. Arun Kr. Sharma, Addl. PP for the State with ASI Rajender Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 29.01.2018 1.

The petitioners seek quashing of FIR No. 124 of 2006 under Sections 498A/406/34 of the IPC Police Station Alipur, Delhi. It is contended that the FIR was lodged consequent to a matrimonial discord. 2.

Learned counsels for the parties submit that the parties have settled their disputes and have amicably dissolved their marriage by mutual consent and decree of divorce dated 31.10.2017 has been passed. A total sum of Rs. 3.50 lakhs has already been paid to respondent no. 2 which is acknowledged by respondent no. 2.

3.

Respondent no. 2 is present in court in person, represented by her counsel and is identified by the Investigating Officer. She submits that she has settled the dispute with the petitioner and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any CRL.M.C. 419/2018

further. It is further submitted on behalf of the parties that parties had entered into the settlement/compromise deed dated 20.12.2016 before the Family Courts, Rohini Courts, Delhi.

4.

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 therefrom.

5.

In view of the above, the petition is allowed. 124 of 2006 under Sections 498A/406/34 of the IPC Police Station Alipur, Delhi and the consequent proceedings therefrom are, accordingly quashed. 6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 29, 2018 'rs'

CRL.M.C. 419/2018