Lalit Kumar Bhardwaj & ORS v. The State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LALIT KUMAR BHARDWAJ & ORS ..... Petitioners Through Mr. Imran Khan with Mr. Yusuf Khan, Ms. Anjum Bano, Mr. Tahir Hussain and Ms. Samar Jaha, Advocates.

versus THE STATE OF NCT OF DELHI & ANR ..... Respondents Through Ms. Neelam Sharma, APP for the State.

SI Praveen Kumar, PS Mandawali.

Mr. Trilok Chand, Advocate for respondent No.2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 25.04.2018 Crl.M.A.7629/2018 (exemption) Exemption is allowed subject to all just exceptions. 1.

The petitioners seek quashing of FIR No.1237/2014 under Sections 498-A/406/34 IPC, Police Station Mandawali Fazalpur. 2.

The subject FIR emanates out of matrimonial discord.

Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2 and 3 are the father-in-law and mother-in-law of the respondent No.2. Petitioner Nos.4 and 5 are the brothers-in-law of the respondent No.2.

Petitioner No.6 is the sister-in-law of the respondent No.2. 3.

Learned counsel for the petitioners submits that the parties have entered into a settlement agreement dated 08.11.2017 through the process of mediation, held at Delhi Mediation Centre, Karkardooma Courts, Delhi. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 09.03.2018. 4.

The respondent No.2 was to be paid a total sum of Rs.6,75,000/- in full and final settlement of all her claims. A sum of Rs.4,85,000/- has already been paid.

The balance sum of Rs.1,90,000/- has been paid to the respondent No.2 by way of Demand Draft No.350975 dated 20.04.2018 drawn on Bank of Baroda.

5.

The respondent No.2 is present in person, represented by counsel and is identified by the Investigating Officer. 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.

6.

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 and the fact that the parties have already been divorced by way of a decree of divorce by mutual consent, passed on 09.03.2018, 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.

In view of the above, FIR No.1237/2014 under Sections 498A/406/34 IPC, Police Station Mandawali Fazalpur and the consequent proceedings emanating there from are quashed. 8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J APRIL 25, 2018 st