Pramod Kumar & ANR v. The State & ANR

$~75 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1385/2018 PRAMOD KUMAR & ANR ..... Petitioners Through:

Mr. Dinesh Prasad and Mr. Gautam Kumar, Advs.

versus THE STATE & ANR ..... Respondents Through:

Mr. Mukesh Kumar, Addl. PP for the State with SI Ramakant

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 19.03.2018 Crl. M.A. No. 5043/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 1385/2018 1.

The petitioners seek quashing of FIR No. 135 of 2006 under Sections 498A/406/34 of the IPC Police Station Sarai Rohilla, 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 in the year 2009 and a decree of divorce has been passed. 3.

Respondent no. 2 is present in court in person and is identified by the Investigating Officer. She submits that she has settled the dispute with CRL.M.C. 1385/2018

the petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any further. It is submitted on behalf of the parties that parties had entered into the settlement on 21.08.2017 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi. 4.

In view of the fact that the disputes between the petitioner 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. 135 of 2006 under Sections 498A/406/34 of the IPC Police Station Sarai Rohilla, Delhi and the consequent proceedings therefrom are, accordingly quashed. 6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MARCH 19, 2018 'rs'

CRL.M.C. 1385/2018