Anil Kumar Sharma & ORS v. State (NCT Of Delhi) & ANR

$~95 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2632/2018 ANIL KUMAR SHARMA & ORS ..... Petitioners Through Mr. Pushpendra Kumar Dhaka, Mr.

Satendra Singh and Mr. Ramneek Kumar, Advs.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through Ms. Neelam Sharma, Addl. PP for the State with SI Ramesh Kumar

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 16.05.2018 Crl. M.A. No. 9343/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 2632/2018 & CRL. M.A. 9342/2018 1.

The petitioners seek quashing of FIR No. 133 of 2005 under Sections 498A/406/34 of the IPC, Police Station Sultan Puri, New 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 04.05.2010 has been passed. 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 CRL.M.C. 2632/2018

the criminal charges against the petitioners any further. 4.

In view of the fact that the disputes between the petitioners 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. 133 of 2005 under Sections 498A/406/34 of the IPC, Police Station Sultan Puri, New Delhi and the consequent proceedings there from are, accordingly quashed. 6.

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

CRL.M.C. 2632/2018