Shri Rajat Jeet Singh & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 675/2018 SHRI RAJAT JEET SINGH & ORS ..... Petitioners Through :

Mr Praveen Suri, Advocate with petitioner Nos.1 to 4.

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

Respondent No.2 in person.

SI Dhananjay Kumar, PS Tilak Nagar.

Mr Mukesh Kumar, APP.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 08.02.2018 Crl. M.A. 2422/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 675/2018 1.

By this petition, petitioners seek quashing of FIR No.173/2012, under Sections 498A/406/34 IPC, Police Station Tilak Nagar. 2.

The subject FIR emanates out of the matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2 & 3 are the parents of petitioner No.1. Petitioner Nos.4 to 5 are the sisters of petitioner No.1.

3.

Parties have settled their dispute.

The Memorandum of Settlement dated 12.08.2015 has been executed between the parties through the Mediation Centre, Tis Hazari Courts, Delhi. 4.

By way of settlement, a total sum of Rs.10,50,000/- was agreed to be paid to respondent No.2 towards full and final settlement of all her claims. A sum of Rs.8 lakhs has already been paid and balance amount of Rs.2,50,000/- has been paid by way of Demand Draft bearing No.857656 dated 24.01.2018 issued by the Corporation Bank, Vikas Puri Branch, which is accepted in the Court today. 5.

Respondent No.2 is present in Court in person, is identified by the Investigating Officer. She confirms that the settlement has taken place and further that the marriage between the parties has been dissolved by way of mutual consent on 22.11.2016. She also submits that she does not wish to press her complaint any further. 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 Memorandum of Settlement dated 12.08.2015, which has been executed between the parties through the 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.173/2012, under Sections 498A/406/34 IPC, Police Station Tilak Nagar and the consequent proceedings emanating therefrom are hereby quashed.

8.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J FEBRUARY 08, 2018 'Sn'