Manoj Kumar & ORS v. The State (N.C.T Of Dlehi)& ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 840/2018 MANOJ KUMAR & ORS ..... Petitioners Through :

Mr Yogesh Kaushik, Advocate.

versus THE STATE (N.C.T OF DELHI)& ORS ..... Respondents Through :

Mr Mukesh Kumar, Addl. PP for the State.

SI Devi Lal, PS Maurya Enclave.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 19.02.2018 1.

By this petition, petitioners seek quashing of FIR No.62/2015, under Sections 498A/406/34 IPC, Police Station Maurya Enclave. 2.

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

Petitioner Nos.2 & 5 are the parents of petitioner No.1.

Petitioner Nos.3, 4 & 6 are relations of petitioner No.1.

3.

Parties have settled their dispute.

The Settlement Deed dated 11.04.2016 has been executed between the parties through the Delhi Mediation Centre, Rohini Courts, Delhi.

4.

By way of settlement, a total sum of Rs.1,50,000/- was agreed to be paid to respondent No.2 towards full and final settlement of all her claims. A sum of Rs.1,25,000/- has already been paid and balance amount of Rs.25,000/- has been paid by way of Demand Draft bearing No.006338 CRL.M.C.840/2018

dated 05.01.2018 issued by the Axis Bank, Pushp Vihar, Delhi, in Court today.

5.

Respondent No.2 is present in Court in person and is identified by the Investigating Officer. She confirms that the settlement has taken place and further that the marriage between the parties has been dissolved by way of mutual consent on 30.10.2017. She also submits that she does not wish to press her complaint any further.

6.

In view of the above and keeping in view of the fact that the FIR emanates from matrimonial discord and the parties have resolved their dispute through the Settlement Deed dated 11.04.2016, which has been executed between the parties through the Delhi Mediation Centre, Rohini Courts, Delhi, and the marriage between the parties has been dissolved by way of mutual consent on 30.10.2017 and further respondent No. 2 does not wish to press her complaint, 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.

7.

Accordingly, FIR No.62/2015, under Sections 498A/406/34 IPC, Police Station Maurya Enclave and the consequent proceedings emanating therefrom are hereby quashed.

8.

Order Dasti under signatures of Court Master. FEBRUARY 19, 2018/'Sn'

SANJEEV SACHDEVA, J CRL.M.C.840/2018