Raj Kumar @ Raju v. State ( NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1472/2018 RAJ KUMAR @ RAJU ..... Petitioner Through Mr. Vinod Kumar, Adv.

versus STATE ( NCT OF DELHI) & ANR ..... Respondents Through Ms. Neelam Sharma, Addl. PP for the State with SI Pardeep Kumar Mr. Krishan Paul, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 19.04.2018 1.

The petitioner seeks quashing of FIR No. 360 of 2006 under Sections 498A/406/34 of the IPC Police Station Kotla Mubarakpur, New 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 and decree of divorce dated 30.11.2017 has been passed. A total sum of Rs. 1, 90,000/- has been agreed to be paid to respondent no. 2. A sum of Rs. 1.50 lakhs has already been paid and the balance sum of Rs. 40,000/- has been paid to respondent no. 2 by way of Demand Draft/Bankers Cheque No. 614615 dated 23.03.2018 issued by State Bank India today in the Court. 3.

Respondent no. 2 is present in court in person, represented by CRL.M.C. 1472/2018

her counsel and is identified by the Investigating Officer. She submits that she has settled the dispute with the petitioner and is agreeable to the settlement and does not wish to press the criminal charges against the petitioner any further. It is further submitted on behalf of the parties that parties had entered into the settlement before the National Lok Adalat on 11.02.2017.

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. 360 of 2006 under Sections 498A/406/34 of the IPC Police Station Kotla Mubarakpur, New Delhi and the consequent proceedings therefrom are, accordingly quashed.

6.

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

CRL.M.C. 1472/2018