Shailesh Singh & ANR v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 533/2018 SHAILESH SINGH & ANR ..... Petitioners Through Mr. Mohd. Talat, Advocate for petitioner Nos.1 and 2.

versus THE STATE & ANR ..... Respondents Through Mr. Akshai Malilk, APP for the State.

Mr. Shamsahd Haqul, Advocate for respondent No.2.

SI Richa Mishra, P.S. Pul Prahlad Pur.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 01.02.2018 Crl.M.A.1958/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 533/2018 1.

The petitioners seek quashing of FIR No.6/2014 under Sections 498A/406/34 IPC, Police Station Pul Prahladpur. 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 02.11.2016 through the process of mediation, held at Counselling Cell, Family Court, Saket. The parties CRL.M.C. 533/2018

have already been divorced by way of a decree of divorce by mutual consent, passed on 08.11.2017.

4.

The respondent No.2 was to be paid a total sum of Rs.4,00,000/- in full and final settlement of all her claims.

A sum of Rs.3,00,000/- has already been paid. The balance sum of Rs.1,00,000/- has been paid to the respondent No.2 in cash in Court today.

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 08.11.2017, 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.6/2014 under Sections 498A/406/34 IPC, Police Station Pul Prahladpur and the consequent proceedings emanating there from are quashed.

8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 01, 2018 st CRL.M.C. 533/2018