Sanjeev Goyal & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1285/2018 SANJEEV GOYAL & ORS ..... Petitioners Through Mr. Ankur Jain, Advocate.

versus STATE & ANR ..... Respondents Through Mr. Mukesh Kumar, APP for the State.

Ms. Seema Goyal with Mr. Manu Gupta, Adv. for R-2 SI Jainender Kumar, PS Anand Vihar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 14.03.2018 CRL.M.C. 1285/2018 1.

The petitioners seek quashing of FIR No.286/2012 under Sections 498A/406/323/34 IPC, Police Station Anand Vihar. 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-in-law of the respondent No.2.

3.

Learned counsel for the petitioners submits that the parties have entered into a settlement agreement dated 01.12.2016 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 31.08.2017.

4.

The respondent No.2 was to be paid a total sum of Rs.17,00,000/- in full and final settlement of all her claims.

A sum of Rs.14,00,000/- has CRL.M.C. 1285/2018

already been paid. The balance sum of Rs.3,00,000/- has been paid to the respondent No.2 by way of Demand Draft No.916375 dated 12.03.2018 drawn on DCB Bank.

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 parties have already been divorced by way of a decree of divorce by mutual consent, passed on 31.08.2017, 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.286/2012 under Sections 498A/406/323/34 IPC, Police Station Anand Vihar and the consequent proceedings emanating there from are quashed. 8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MARCH 14, 2018/st CRL.M.C. 1285/2018