Jagpreet Singh & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ JAGPREET SINGH & ORS.

..... Petitioners Through Ms. Manu Sishodia with Mr.

Mahendra Bailwa, Advocates.

versus STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Through Ms. Neelam Sharma, APP for the State.

ASI Mange Ram, PS Tilak Nagar.

Mr. Sumit Gaba, Advocate for R-2 & 3.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 20.04.2018 1.

The petitioners seek quashing of FIR No.118/2018 under Sections 354/354(B)/323/506/509/34 IPC, Police Station Tilak Nagar. 2.

The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2.

Petitioner Nos.2 to 7 are the relatives of the petitioner No.1.

Respondent No.3 is the sister of the respondent No.2.

3.

Learned counsel for the petitioners submits that the parties have settled their disputes and Settlement/Compromise Deed dated 15.04.2018 has been executed between the parties. It is also submitted that there is a cross-FIR being FIR No.116/2018 under Sections 323/354/34 IPC and the parties have settled their disputes qua the same also and a petition seeking

quashing of the said FIR is also listed today being Crl. M.C.2037/2018. 4.

Learned counsel for the parties submit that the parties have to file a petition seeking dissolution of the marriage by mutual consent. 5.

As per the settlement, a total sum of Rs.9,00,000/- is to be paid to the respondent No.2.

A sum of Rs.3,00,000/- has been handed over in Court to the respondent No.2 by way of Demand Draft No.370518 dated 28.03.2018 drawn on Canara Bank for Rs.2,50,000/- and Demand Draft No.894859 dated 17.04.2018 drawn on Punjab National Bank for Rs.50,000/-. It is undertaken that the balance sum of Rs.6,00,000/- shall be paid to the respondent No.2 in two instalments at the time of the recording of the First Motion as well as the Second Motion. The parties undertake that they shall abide by the terms of the settlement. The undertaking is accepted.

6.

The respondent Nos.2 & 3 are present in person, represented by their counsel and are identified by the Investigating Officer. They submit that they have settled their disputes with the petitioners and do not wish to press charges against the petitioners and prosecute the complaint any further. 7.

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 Nos.2 & 3 have stated that they do not wish to press their complaint any further, 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.

8.

In view of the above, FIR No.118/2018 under Sections 354/354(B)/323/506/509/34 IPC, Police Station Tilak Nagar and the consequent proceedings emanating there from are quashed. 9.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J APRIL 20, 2018 st