Binu Samuel & ANR v. State NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 488/2018 BINU SAMUEL & ANR ..... Petitioners Through Mr. Ajit Nair, Advocate.

versus STATE NCT OF DELHI & ANR ..... Respondents Through Ms. Anita Abraham, APP for the State.

ASI Sukhda, PS Uttam Nagar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 31.01.2018 Crl.M.A. 1826/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 488/2018 1.

The petitioners seek quashing of FIR No.566/2015 under Sections 498A/406 IPC, Police Station Uttam Nagar.

2.

The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2.

3.

Learned counsel for the petitioners submits that the parties have entered into a settlement agreement dated 20.04.2017 through the process of mediation, held at Mediation Centre, Tis Hazari Courts, Delhi. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 09.01.2018.

4.

The respondent No.2 was to be paid a total sum of Rs.10,50,000/- in CRL.M.C. 488/2018

full and final settlement of all her claims.

A sum of Rs.9,50,000/- has already been paid. The balance sum of Rs.1,00,000/- has been paid to the respondent No.2 byway of Demand Draft No.651774 dated 13.01.2018 drawn on Karnataka Bank Ltd.

5.

The respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. She submits that she has settled her disputes with the petitioners and does not wish to press charges against the petitioners and prosecute the complaint any further. 6.

In view of the fact that the proceedings emanate out of a matrimonial discord and the parties have fully and finally settled their disputes and the respondent No.2 has stated that she does not wish to press the complaint any further and the fact that the parties have already been divorced by way of a decree of divorce by mutual consent, passed on 09.01.2018, and in the interest of justice, it would be expedient to quash the subject FIR and the consequent proceedings emanating there from. 7.

In view of the above, FIR No.566/2015 under Sections 498A/406 IPC, Police Station Uttam Nagar and the consequent proceedings emanating there from are quashed.

8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 31, 2018/st CRL.M.C. 488/2018