Damandeep Singh & ORS v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1141/2018 DAMANDEEP SINGH & ORS ..... Petitioners Through Mr. Rupesh Sharma, Advocate.

versus STATE & ORS ..... Respondents Through Ms. Anita Abraham, APP for the State.

Mr. A.S. Juneja, Advocate for respondent No.2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 06.03.2018 CRL.M.C. 1141/2018 1.

The petitioners seek quashing of FIR No.774/2014 under Sections 498A/406/34 IPC, Police Station Vivek Vihar.

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 settled their disputes and have executed a Compromise Deed dated 05.09.2016. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 21.07.2017. 4.

The respondent No.2 was to be paid a total sum of Rs.10,00,000/- in full and final settlement of all her claims.

A sum of Rs.6,50,000/- has already been paid. The balance sum of Rs.3,50,000/- has been paid to the CRL.M.C. 1141/2018

respondent No.2 by way of Demand Draft No.812000 dated 03.03.2018 drawn on Indian Bank.

5.

The respondent No.2 is present in person, represented by counsel and 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 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 21.07.2017, 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.774/2014 under Sections 498A/406/34 IPC, Police Station Vivek Vihar and the consequent proceedings emanating there from are quashed.

8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MARCH 06, 2018 st CRL.M.C. 1141/2018