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High Court of DelhiCRL.M.C./836/2018

Rajat Arora v. State Of NCT Of Delhi & ANR.

2018-02-19Hon'Ble Mr. Justice Sanjeev Sachdeva3 pages

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 836/2018 RAJAT ARORA ..... Petitioner Through :

Mr Ravindra Narayan, Advocate with petitioner in person.

versus STATE OF NCT OF DELHI & ANR.

..... Respondent Through :

Mr Arun Kumar Sharma, Addl. PP for the State.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 19.02.2018 Crl. M.A. 3076/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 836/2018 1.

By this petition, petitioner seeks quashing of FIR No.130/2011, under Sections 498A IPC, Police Station Amar Colony. 2.

The subject FIR emanates out of the matrimonial discord. Petitioner No.1 is the husband of respondent No.2. 3.

Parties have settled their dispute. The Settlement Deed dated 25.04.2017 has been executed between the parties through the

Mediation Centre, Saket Courts, New Delhi.

4.

By way of settlement, a total sum of Rs.17,50,000/- was agreed to be paid to respondent No.2 towards full and final settlement of all her claims.

A sum of Rs.12,50,000/- has already been paid and balance amount of Rs.5,00,000/- has been paid by way of Pay Order bearing No.939254 dated 05.02.2018 issued by the Punjab & Sind Bank, Krishna Nagar, Delhi, in Court today.

5.

Respondent No.2 is present in Court in person, 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 31.01.2018. 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 a Settlement Deed dated 25.04.2017 which has been executed between the parties at Mediation Centre, Saket Courts, New Delhi, and marriage between them has been dissolved by way of mutual consent on 31.01.2018 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.130/2011, under Sections 498A IPC, Police Station Amar Colony and the consequent proceedings emanating therefrom are hereby quashed.

8.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J FEBRUARY 19, 2018 'Sn'