Kuldeep Singh Dudi & ORS v. NCT Of Delhi& ORS

$~110 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ KULDEEP SINGH DUDI & ORS ..... Petitioners Through Mr. Surender Singh, Advocate.

versus NCT OF DELHI & ORS.

..... Respondents Through Mr. Raghuvinder Varma, APP for State.

Mr. Y.P. Singh with Mr. Rohan and Mr. Sandeep, Advocates for respondent No.2.

SI Anita, PS Babahari Das Nagar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 16.05.2018 Crl.M.A.9283/2018 (exemption) Exemption is allowed subject to all just exceptions. 1.

The petitioner seeks quashing of FIR No.504/2015 under Sections 354/354B/506/509/34 IPC, Police Station Baba Haridas Nagar, based on a settlement.

2.

The subject FIR emanates out of matrimonial discord.

Petitioner No.1 is the husband of respondent No.2/complainant. Petitioner No.2 is the sister-in-law of the respondent No.2. Petitioner

No.3 is the brother-in-law of the respondent No.2. 3.

Learned counsel for the petitioners submits that the parties have settled their disputes and terms of settlement are recorded in judgment dated 02.01.2018 of the Family Court. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 02.01.2018.

It is submitted that another FIR No.65/2016 under Sections 406/498A/34 IPC, Police Station Baba Haridas Nagar, registered on the complaint of the respondent No.2, has also been quashed by order of today's date in W.P.(Crl.) 1504/2018. 4.

Learned counsel for the parties submit that as per the settlement, all obligations have been duly performed by the respective parties.

5.

The respondent No.2 is present in person, represented by counsel and identified by the IO. 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 02.01.2018, 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 there from.

7.

Accordingly, the petition is allowed. FIR No.504/2015 under Sections 354/354B/506/509/34 IPC, Police Station Baba Haridas Nagar and the consequent proceedings emanating there from are quashed.

8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MAY 16, 2018 st