Chiranjeev Banjara v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CHIRANJEEV BANJARA ..... Petitioner Through Mr. Rohit Sharma, Advocate.

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

SI Ved Pal Sharma, PS Mangolpuri

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 05.04.2018 Crl.M.A.4798/2018 (exemption) Exemption is allowed subject to all just exceptions. 1.

Petitioner seeks impleadment of petitioner Nos.2 and 3, who are the father-in-law and mother-in-law of the respondent No.2/complainant.

2.

The impleadment is allowed. The amended memo of parties is taken on record.

The Registry is directed to remove the amended memo of parties from the Noting File and place the same in the Pleadings File.

3.

The petitioners seek quashing of FIR No.20/2011 under

Sections 498A/406/34 IPC, Police Station Mangolpuri. 4.

The subject FIR emanates out of matrimonial discord.

Petitioner No.1 is the husband of respondent No.2. 5.

Learned counsel for the petitioners submits that the parties have settled their disputes and the settlement has been recorded before the Principal Judge, Family Court, Rohini on 31.05.2016 The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 12.05.2017.

6.

The respondent No.2 was to be paid a total sum of Rs.2,50,000/- in full and final settlement of all her claims. A sum of Rs.2,00,000/- has already been paid. The balance sum of Rs.50,000/- has been paid to the respondent No.2 by way of Demand Draft No.409056 dated 14.03.2018 drawn on Syndicate Bank. 7.

The respondent No.2 is present in person 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. 8.

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 12.05.2017, 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.

9.

In view of the above, FIR No.20/2011 under Sections 498A/406/34 IPC, Police Station Mangolpuri and the consequent proceedings emanating there from are quashed. 10.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J APRIL 05, 2018 st