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High Court of DelhiCRL.M.C./545/2018

Pankaj Dhawan v. State Of NCT Of Delhi & ORS.

2018-02-02Hon'Ble Mr. Justice Sanjeev Sachdeva2 pages

$~64 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 545/2018 PANKAJ DHAWAN ..... Petitioner Through Mr. Joginder Sukhija, Advocate.

versus STATE OF NCT OF DELHI & ORS.

..... Respondents Through Ms. Anita Abraham, APP for the State.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 02.02.2018 Crl.M.A.2006/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 545/2018 1.

The petitioner seeks quashing of FIR No.126/2014 under Sections 498A/406 IPC, Police Station Hazarat Nizammudin. 2.

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

3.

Learned counsel for the petitioner submits that the parties have executed a Compromise Deed dated 09.03.2017. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 08.01.2018.

4.

The respondent No.2 was to be paid a total sum of Rs.23,00,000/- in full and final settlement of all her claims.

A sum of Rs.20,00,000/- has CRL.M.C. 545/2018

already been paid. The balance sum of Rs.3,00,000/- has been paid to the respondent No.2 by way of a cheque bearing No.550551 dated 02.02.2018 drawn on ICICI Bank in Court today.

The petitioner, who is present in person, undertakes that the said cheque shall be honoured on its presentation. The undertaking is accepted.

5.

The respondent No.2 is present in person. She submits that she has settled her disputes with the petitioner and does not wish to press charges against the petitioner 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 08.01.2018, 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.126/2014 under Sections 498A/406 IPC, Police Station Hazarat Nizammudin and the consequent proceedings emanating there from are quashed.

8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 02, 2018 st CRL.M.C. 545/2018