Ajay & ORS v. The State (NCT Of Delhi) & ANR

$~67 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2052/2018 AJAY & ORS ..... Petitioners Through Mr.

Vijaypal Bidhuri and Mr.

Karamveer Singh, Advs.

versus THE STATE (NCT OF DELHI) & ANR ..... Respondents Through Mr. Arun Kr. Sharma, Addl. PP for the State with IO

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 20.04.2018 Crl. M.A. No. 7266/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 2052/2018 1.

The petitioners seek quashing of FIR No. 364 of 2016 under Sections 498A/34 of the IPC Police Station Okhla Industrial Area, 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 23.01.2018 has been passed. A total sum of Rs. 1,30,000/- has been agreed to be paid to respondent no. 2. A sum of Rs. 97,500/- has already been paid and the balance sum of Rs. 32,500/- has been paid to respondent no. 2 by way of Demand Draft No. 395066 dated 10.12.2017(revalidated on 11.12.2017 and 22.03.2018) issued by Oriental Bank of Commerce CRL.M.C. 2052/2018

today in the Court.

3.

Respondent no. 2 is present in court in person and is identified by the Investigating Officer. She submits that she has settled the dispute with the petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioners any further. It is further submitted on behalf of the parties that parties had entered into the settlement before the Delhi Mediation Centre, Saket Courts, Delhi on 22.05.2017.

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. 364 of 2016 under Sections 498A/34 of the IPC Police Station Okhla Industrial Area, New Delhi and the consequent proceedings therefrom are, accordingly quashed.

6.

Order Dasti under signatures of the Court Master. APRIL 20, 2018/'rs'

SANJEEV SACHDEVA, J CRL.M.C. 2052/2018