Pankaj Jain & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1940/2018 PANKAJ JAIN & ORS ..... Petitioners Through :

Mr J.S.Kanwar, Advocate.

versus THE STATE & ANR ..... Respondent Through :

Mr Mukesh Kumar, Addl. PP for the State.

ASI Jatan Swaroop, PS Krishna Nagar.

Ms Neeru Mongia, Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 14.05.2018 Crl. M.A. 6890/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 1940/2018 1.

Petitioners seek quashing of FIR No.336/2008, under Sections 498A/406/34 IPC, Police Station Krishna Nagar, based on a Settlement.

2.

Subject FIR emanates out of a matrimonial discord. Petitioner

No.1 is the husband of respondent No.2. Petitioner Nos.2 & 3 are the parents of petitioner No.1. Petitioner No.4 is the brother of petitioner No.1.

3.

Parties have settled their dispute.

Settlement Deed dated 24.08.2017 has been executed between the parties before the Counselling Cell, Karkardooma Courts, Delhi.

4.

By way of settlement, a total sum of Rs.2,25,000/- was agreed to be paid to respondent No.2 towards full and final settlement of all her claims. A sum of Rs.1,75,000/- has already been paid and balance amount of Rs.50,000/- has been paid by way of Demand Draft bearing No.027912 dated 28.02.2018 issued by the Axis Bank, Karkardooma, Delhi, which is accepted in the Court today. 5.

Respondent No.2 is present in Court in person, 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 28.11.2017. 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 before the before the Counselling Cell, Karkardooma Courts, Delhi and further 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 there from.

7.

Accordingly, FIR No.336/2008, under Sections 498A/406/34 IPC, Police Station Krishna Nagar and the consequent proceedings emanating there from are hereby quashed.

8.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J MAY 14, 2018 'Sn'