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High Court of DelhiCRL.M.C./1977/2018

Kuldip Singh Thakur v. State & ORS.

2018-05-22Hon'Ble Mr. Justice Sanjeev Sachdeva2 pages

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1977/2018 KULDIP SINGH THAKUR ..... Petitioner Through:

Ms. Vasrha Choudhary, Advocate for Mr. Amit Rao, Advocate.

versus STATE & ORS.

..... Respondents Through:

Ms. Neelam Sharma, APP for the State.

SI Dharmendra Kumar, PS Mandir Marg.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 22.05.2018 Crl.M.A.7025/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 1977/2018 1.

The petitioner seeks quashing of FIR No.210/2014 under Sections 498A/406/34 IPC, Police Station Mandir Marg. 2.

The subject FIR emanates out of matrimonial discord.

Petitioner is the husband of respondent No.2. 3.

Learned counsel for the petitioner submits that the parties have settled their disputes and a Compromise Deed dated 14.09.2015 has been executed between the parties. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on CRL.M.C. 1977/2018

17.03.2016.

4.

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

She submits that she has settled her disputes with the petitioner and does not wish to press charges against the petitioner and prosecute the complaint any further. 5.

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 17.03.2016, 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.

6.

In view of the above, FIR No.210/2014 under Sections 498A/406/34 IPC, Police Station Mandir Marg and the consequent proceedings emanating there from are quashed. 7.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MAY 22, 2018 st CRL.M.C. 1977/2018