Rahul & 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. 1719/2018 RAHUL & ANR ..... Petitioners Through :

Mr Ricwan Ali, Advocate.

Versus

THE STATE ( GOVT OF NCT OF DELHI) & ANR..... Respondents Through :

Mr Arun Kumar Sharma, Addl. PP for the State.

SI Dharamveer, PS Nanakpur, Crime (Women) Cell.

Mr M.S.Hussain, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 09.04.2018 1.

Petitioners seek quashing of FIR No.19/2011, under Sections 498A/406/34 IPC, Police Station Crime (Women) Cell (Nanakpura), 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.

A Settlement Deed dated 02.01.2018 has been executed between the parties before the Mediation Centre, Saket Courts, New Delhi.

4.

As per the Settlement, a total sum of Rs.2,80,000/- was agreed to be paid to respondent No.2 towards full and final settlement of all her claims. A sum of Rs.1,80,000 has already been paid and balance amount of Rs.1,00,000/- has been paid by way of Demand Draft bearing No.448640 CRL.M.C.1719/2018

dated 21.03.2018 issued by the Yes Bank, Mumbai Branch, which is accepted in the Court today.

5.

Respondent No.2 is present in Court in person, is represented by counsel and is identified by the Investigating Officer. She confirms that the settlement has taken place and further submits that the marriage between the parties has been dissolved by way of decree of divorce by mutual consent on 22.02.2018.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 Deed dated 02.01.2018, which has been executed between the parties before the Mediation Centre, Saket Courts, New Delhi, 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.19/2011, under Sections 498A/406/34 IPC, Police Station Crime (Women) Cell (Nanakpura) and the consequent proceedings emanating therefrom are hereby quashed. 8.

Order Dasti under signatures of Court Master. APRIL 09, 2018 SANJEEV SACHDEVA, J 'Sn'

CRL.M.C.1719/2018