Yash Pal Nagi & ANR. v. The State (Gnct Of Delhi) & ANR.
$~48 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 415/2018 YASH PAL NAGI & ANR.
..... Petitioners Through :
Mr R.D.Chauhan and Mr Arun K.Chauhan, Advocates.
versus THE STATE (GNCT OF DELHI) & ANR. ..... Respondents Through :
Mr Akshai Malik, APP.
R-2 in person.
Mr R.K.Tripathi, Advocate with Ms Poonam Nagi in person.
SI Ashok Kumar, PS Patel Nagar.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
O R D E R
% 29.01.2018 Crl. M.A. 1599/2018(exemption) Allowed, subject to all just exceptions.
CRL.M.C. 415/2018 1.
By this petition, the petitioners seek quashing of FIR No.630/2007 under Sections 498A/406/34 IPC, Police Station Patel Nagar, Delhi. The subject FIR named Vijay Nagi, Mohini Nagi and Yash Pal Nagi as the accused.
2.
It is informed that Mr Vijay Nagi, who was the husband of the
complainant, expired on 29.06.2017.
3.
The parties have settled their disputes through the process of mediation at Delhi Mediation Centre, Tis Hazari Courts, Delhi. 4.
By way of Settlement, a total sum of Rs.1,00,000/- was agreed to be paid to respondent No.2 in full and final settlement of all claims of respondent No.2. A sum of Rs.40,000/- was paid at the time of recording of statement of First Motion. Another sum of Rs.30,000/- was paid at the time of recording of statement of Second Motion. The balance sum of Rs.30,000/- in cash is handed over in the Court today, which is acknowledged by respondent No.2, who is present in person.
5.
Respondent No.2 is present in Court in person, is represented by counsel and identified by the Investigating Officer. She confirms that settlement has taken place and further that the marriage between the parties has been dissolved by way of mutual consent on 14.10.2016.
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 the process of Settlement at Delhi Mediation Centre, Tis Hazari Courts, Delhi, 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.630/2007 under Sections 498A/406/34 IPC, Police Station Patel Nagar, Delhi, and the consequent proceedings emanating therefrom are hereby quashed. 8.
Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J JANUARY 29, 2018/'Sn'