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

$~97 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2100/2018 JASPREET SINGH & ORS ..... Petitioners Through:

Braj Kishore Roy, Adv.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Arun Kr. Sharma, Addl. PP for the State with SI Omveer

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 23.04.2018 Crl. M.A. No. 7441/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 2100/2018 1.

The petitioners seek quashing of FIR No. 152 of 2012 under Sections 498A/406/34 of the IPC Police Station Nand Nagar, 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 31.08.2017 has been passed. A total sum of Rs. 2 lakhs has been agreed to be paid to respondent no. 2. A sum of Rs. 1,25,000/- has already been paid and the balance sum of Rs. 75,000/- has been paid to respondent no. 2 (Rs. 50,000/- by way of Demand Draft CRL.M.C. 2100/2018

/Pay Order No. 875908 dated 08.03.2018 issued by Canara Bank and Rs. 25,000/- in cash) today in the Court.

3.

Respondent no. 2 is present in court in person 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 criminal charges against the petitioners any further. It is further submitted on behalf of the parties that parties had entered into the mediation settlement before the Counselling Cell, Karkardooma Courts, Delhi 05.05.2016.

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 there from.

5.

In view of the above, the petition is allowed. FIR No. 152 of 2012 under Sections 498A/406/34 of the IPC Police Station Nand Nagar, Delhi and the consequent proceedings there from are, accordingly quashed. 6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J APRIL 23, 2018 'rs'

CRL.M.C. 2100/2018