Sunil Kumar Chaurasia & ORS v. The State & ORS

$~60 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 434/2018 SUNIL KUMAR CHAURASIA & ORS ..... Petitioners Through:

Mr. Karn Kumar, Adv.

versus THE STATE & ORS ..... Respondents Through:

Mr. Arun Kr. Sharma, Addl. PP for the State with SI Dinesh Dahiya Ms. Tajinder Kaur, Adv. for R-2 with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 29.01.2018 Crl. M.A. 1671/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 434/2018 1.

The petitioners seek quashing of FIR No. 570 of 2014 under Sections 498A/406/354/34 of the IPC Police Station Sultan Puri, Delhi. It is contended that the FIR was lodged consequent to a matrimonial discord. 2.

Petitioner No. 1 is the husband of respondent no. 2. Petitioner No. 2 and 3 are parents and petitioner no. 4 is sister of petitioner no. 1. 3.

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 08.08.2017 has been passed. A total sum of Rs. 6 lakhs have been agreed to be paid to respondent no. 2. A sum of Rs. 4 lakhs have already been paid and the balance sum of Rs. 2,00,000/- CRL.M.C. 434/2018

has been paid to respondent no. 2 by way of Demand Draft/Banker's Cheque No. 218084 dated 06.12.2017 issued by Indian Bank today in Court.

4.

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 disputes with the petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioner any further. It is further submitted on behalf of the parties that parties had entered into the settlement on 23.12.2016 before Delhi Mediation Centre at Rohini Courts, Delhi.

5.

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.

6.

In view of the above, the petition is allowed FIR No. 570 of 2014 under Sections 498A/406/354/34 of the IPC Police Station Sultan Puri, Delhi and the consequent proceedings therefrom are, accordingly quashed. 7.

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

CRL.M.C. 434/2018