Jitender @ Jitender Sharma & ORS v. Ste Of NCT Delhi & ANR

$~72 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1914/2018 JITENDER @ JITENDER SHARMA & ORS ..... Petitioners Through Mr. Manoj Kumar Sharma, Adv.

versus STE OF NCT DELHI & ANR ..... Respondents Through Ms. Anita Abraham, Addl. PP for the State with SI Ajay Mr. Ajay, Adv. for complainant with complainant in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 16.04.2018 Crl. M.A. No. 6798/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 1914/2018 & CRL. M.A. 6799/2018(stay) 1.

The petitioners seek quashing of FIR No. 699 of 2014 under Sections 498A/406/34 of the IPC Police Station Mansarover Park, 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 25.03.2017 has been passed. The entire sum of Rs. 3 lakhs has already been paid to respondent no. 2.

CRL.M.C. 1914/2018

3.

Respondent no. 2 is present in court in person, represented by her counsel 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, Karkardooma Courts, Delhi on 25.03.2015. 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. 699 of 2014 under Sections 498A/406/34 of the IPC Police Station Mansarover Park, New Delhi and the consequent proceedings therefrom are, accordingly quashed.

6.

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

CRL.M.C. 1914/2018