Jagjeet Singh & ANR v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1528/2018 JAGJEET SINGH & ANR ..... Petitioners Through :

Mr Parmod Kumar Singhal and Mr Rahul Singhal, Advocates.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondent Through :

Mr Akshai Malik, APP.

SI Dhananjay Kumar, PS Hari Nagar.

Mr Vimal Puggal, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 23.03.2018 Crl.M.A.5537/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 1528/2018 1.

By this petition, petitioners seek quashing of FIR No.883/2014, under Sections 498A/406/34 IPC, Police Station Hari Nagar, based on a Settlement.

2.

The subject FIR emanates out of a matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner No.2 is the mother of petitioner No.1.

3.

Parties have settled their dispute. The Settlement Agreement dated 27.05.2017 has been executed between the parties. 4.

By way of settlement, a total sum of Rs.4,50,000/- was agreed to be paid to respondent No.2 towards full and final settlement of all her claims. A sum of Rs.3 lakhs has already been paid and balance amount of Rs.1,50,000/- has been paid by way of Pay Order bearing No.765733 dated 07.03.2018 issued by the Bank of Baroda, Subhash Nagar Branch, which is accepted in the Court today. 5.

Respondent No.2 is present in Court in person, is identified by the Investigating Officer. She confirms that the settlement has taken place and further that the marriage between the parties has been dissolved by way of mutual consent by decree of divorce dated 05.03.2018.

She also submits that she does not wish to press her complaint any further.

6.

In view of the above and keeping in view of the fact that the FIR emanates from matrimonial discord and the parties have resolved their dispute through a Settlement Agreement dated 27.05.2017, which has been executed between the parties and respondent No. 2 does not wish to press her complaint, 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.

Accordingly, FIR No.883/2014, under Sections 498A/406/34 IPC, Police Station Hari Nagar and the consequent proceedings emanating therefrom are hereby quashed.

8.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J MARCH 23, 2018 'Sn'