Anuj Arora v. The State ( Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2327/2018 ANUJ ARORA ..... Petitioner Through :

Mr Harish Kumar, Advocate versus THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondents Through :

Mr Mukesh Kumar, APP.

SI Deepak, PS Rani Bagh.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 03.05.2018 1.

Petitioner seeks quashing of FIR No.237/2012, under Sections 498A/406/34 IPC, Police Station Rani Bagh, based on a Settlement. 2.

Subject FIR emanates out of a matrimonial discord. Petitioner is the husband of respondent No.2.

3.

Parties have settled their dispute.

The Memorandum of Settlement dated 03.11.2017 has been executed between the parties before the Mediation Cell, Rohini Courts, Delhi. 4.

By way of settlement, a total sum of Rs.1,00,000/- was agreed to be paid to respondent No.2 towards full and final settlement of all her claims. A sum of Rs.70,000 has already been paid and balance amount of Rs.30,000/- has been paid by way of Demand Draft bearing No.049051 dated 03.02.2018 issued by the Union Bank of India, New Delhi Branch, which is accepted in the Court today. CRL.M.C.2327/2018

5.

Respondent No.2 is present in Court in person, 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 01.02.2018.

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 Mediation Cell, Rohini Courts, Delhi and a Memorandum of Settlement dated 03.11.2017 has been executed between the parties before the Mediation Cell, Rohini 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 therefrom. 7.

Accordingly, FIR No.237/2012, under Sections 498A/406/34 IPC, Police Station Rani Bagh and the consequent proceedings emanating therefrom are hereby quashed.

8.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J MAY 03, 2018/'Sn'

CRL.M.C.2327/2018