Gurupreet Singh Virk & ORS v. The State (Govt. Of NCT Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 614/2018 GURUPREET SINGH VIRK & ORS ..... Petitioners Through:

Mr. R.D. Singh and Mr. Aman Chawla, Advs.

versus THE STATE (GOVT. OF NCT DELHI) & ANR ..... Respondents Through:

Ms. Anita Abraham, Addl. PP for the State with SI Prem Raj Ms. Tamanna Pankaj, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 06.02.2018 Crl. M.A. No. 2237/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 614/2018 1.

The petitioners seek quashing of FIR No. 724 of 2015 under Sections 498A/406/34 of the IPC Police Station Vijay Vihar, 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 15.12.2017 has been passed. A total sum of Rs. 6 lakhs have been agreed to be paid to respondent no. 2 at the time of recording of First Motion and Section CRL.M.C. 614/2018

Motion in two instalments of Rs. 5,00,000/- and Rs. 1,00,000/- respectively.

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 petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any further.

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. FIR No. 724 of 2015 under Sections 498A/406/34 of the IPC Police Station Vijay Vihar, Delhi and the consequent proceedings therefrom are, accordingly quashed.

6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 06, 2018 'rs'

CRL.M.C. 614/2018