Sukhdev Singh & ORS v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SUKHDEV SINGH & ORS ..... Petitioners Through Mr. Vikas Verma, Advocate.

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

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 16.04.2018 Crl.M.A.5941/2018 (exemption) Exemption is allowed subject to all just exceptions. 1.

The petitioners seek quashing of FIR No.0648/2016 under Sections 498-A/34 IPC, Police Station Keshav Puram, based on a settlement.

2.

The subject FIR emanates out of matrimonial discord.

Petitioner Nos.1 and 2 are the father-in-law and mother-in-law of the respondent No.2.

Petitioner No.3 is the wife of brother of the husband.

Petitioner No.4 is the brother of the husband. Petitioner No.5 is the sister of the husband. Petitioner No.6 is the sister of the petitioner No.2.

3.

Learned counsel for the petitioners submits that the parties have entered into a settlement agreement dated 12.05.2017 through the process of mediation, held at Delhi Mediation Centre, Rohini District Courts, Delhi. The respondent No.2 has settled the disputes with the petitioners and is presently residing amicably with her husband. 4.

There is another FIR No.441/2016 under Sections 509/354(c) /506 IPC against the petitioner No.4.

Learned counsel for the petitioners submits that the quashing petition has been filed. However, the same could not be listed today and is likely to be listed shortly. 5.

The respondent No.2 was to be paid a total sum of Rs.10,50,000/- in full and final settlement of all her claims. A sum of Rs.9,50,000/- has already been paid.

The balance sum of Rs.1,00,000/- has been paid to the respondent No.2 by way of a Cheque No.000005 dated 18.04.2018 drawn on UCO Bank issued by the petitioners. The petitioners, who are present in Court, undertake that the said cheque shall be honoured on its presentation. The undertaking is accepted.

6.

The respondent No.2 is present in person. 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. She further submits that she has no objection to the quashing of the FIR No.441/2016 also.

7.

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, 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.

8.

In view of the above, FIR No.0648/2016 under Sections 498A/34 IPC, Police Station Keshav Puram and the consequent proceedings emanating there from are quashed. 9.

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