Naeem Akhtar & ORS v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 965/2018 NAEEM AKHTAR & ORS ..... Petitioners Through Mr. M.K. Kanhaiya, Advocate.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through Ms. Anita Abraham, APP for the State.

Mr. Vikas B. With Ms. Seema, Advocate for respondent No.2.

ASI Aman Kumar, PS Nanak Pura.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 12.03.2018 Crl.M.A.3527/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 965/2018 1.

The petitioners seek quashing of FIR No.14/2013 under Sections 498A/406/34 IPC, Police Station Crime (Women) Cell. 2.

The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2 and 3 are the parents of the petitioner No.1.

3.

Learned counsel for the petitioners submits that the disputes between the parties have been settled and the parties have entered into a settlement agreement dated 28.01.2017.

The divorce between the parties has taken place on 13.08.2012.

CRL.M.C. 965/2018

4.

The respondent No.2 was to be paid a total sum of Rs.3,25,000/- in full and final settlement of all her claims. The Total sum of Rs.3,25,000/- has already been paid.

5.

The respondent No.2 is present in person, represented by counsel and is 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 the respondent No.2 has stated that she does not wish to press the complaint any further and the fact that the divorce between the parties has already taken place on 13.08.2012 and in the interest of justice, 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.

In view of the above, FIR No.14/2013 under Sections 498A/406/34 IPC, Police Station Crime (Women) Cell and the consequent proceedings emanating there from are quashed.

8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MARCH 12, 2018/st CRL.M.C. 965/2018