Rohit Sharma v. State (Govt.Of NCT Of Delhi)& ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ROHIT SHARMA & ORS.

..... Petitioners Through Mr. Sameer Sharma, Advocate.

versus STATE (GOVT.OF NCT OF DELHI)& ANR ..... Respondents Through Mr. Mukesh Kumar, APP for the State.

Ms. Pooja Sawal with Ms. Roopam S., Advocates for R-2 with R-2 in person.

ASI Desh Raj, PS Mandawali.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 16.03.2018 Crl.M.A.4885/2018 (exemption) Exemption is allowed subject to all just exceptions. 1.

The petitioners seek quashing of FIR No.466/2016 under Sections 498A/406/34 IPC, Police Station Mandawali Fazal Pur. 2.

The subject FIR emanates out of matrimonial discord.

Petitioner No.1 is the husband of respondent No.2. Petitioner No.2 is the mother of the petitioner No.1. Petitioner No.3 is the sister of the petitioner No.1. Petitioner No.4 is the relation of the petitioner No.1.

3.

Learned counsel for the petitioners submits that the parties have entered into a settlement agreement dated 04.05.2017 through the process of mediation, held at Delhi Mediation Centre, Karkardooma Courts, Delhi. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 30.01.2018. 4.

The respondent No.2 was to be paid a total sum of Rs.16,00,000/- in full and final settlement of all her claims. A sum of Rs.15,00,000/- has already been paid.

The balance sum of Rs.1,00,000/- has been paid to the respondent No.2 by way of Demand Draft No.982394 dated 15.03.2018 drawn on State Bank of India.

5.

The respondent No.2 is present in person, represented by counsel and 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 parties have already been divorced by way of a decree of divorce by mutual consent, passed on 30.01.2018, 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.466/2016 under Sections 498A/406/34 IPC, Police Station Mandawali Fazal Pur and the consequent proceedings emanating there from are quashed. 8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MARCH 16, 2018 st