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High Court of DelhiCRL.M.C./1195/2018

Jaspal Singh & ANR. v. State (Govt. Of NCT Of Delhi) & ANR.

2018-04-06Hon'Ble Mr. Justice Sanjeev Sachdeva2 pages

$~3 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1195/2018 JASPAL SINGH & ANR.

..... Petitioners Through:

Mr.

Sundaram and Mr.

Rajinder, Advs. with petitioners in person versus STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Arun Kr. Sharma, Addl. PP for the State with ASI Surinder Dutt Mr. G.B. Sewak, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 06.04.2018 1.

The petitioners seek quashing of FIR No. 1301 of 2015 under Sections 498A/406/34 of the IPC Police Station Hari Nagar, Delhi, based on a settlement. It is contended that the FIR was lodged consequent to a matrimonial discord.

2.

Learned counsels for the parties submit that the parties have settled their disputes and have amicably dissolved their marriage by mutual consent and decree of divorce dated 06.01.2017 has been passed. It is further submitted on behalf of the parties that parties have entered into the settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 27.04.2016.

3.

Respondent no. 2 is present in court in person, represented by her counsel and is identified by the Investigating Officer. She submits CRL.M.C. 1195/2018

that she has settled the dispute with the petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any further.

4.

In view of the fact that the disputes between the petitioners and respondent no. 2 emanate out of a matrimonial discord and have been settled, 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.

5.

In view of the above, the petition is allowed. FIR No. 1301 of 2015 under Sections 498A/406/34 of the IPC Police Station Hari Nagar, Delhi and the consequent proceedings therefrom are, accordingly quashed.

6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J APRIL 06, 2018 'rs'

CRL.M.C. 1195/2018