Sunil Kumar & ANR v. The State (NCT)Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SUNIL KUMAR & ANR ..... Petitioners Through Mr. D.K. Sharma with Mr. Pradeep Chauhan, Mr. Ketan Panwar and Mr.

Raman Raghav, Advocates.

versus THE STATE (NCT)OF DELHI & ORS ..... Respondents Through Mr. G.M. Farooqui, APP for the State.

ASI Ramdass, PS Gokul Puri.

Ms. Archana Gautam with Mr. A.K.

Singh and Mr. Shiv Kumar, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 28.05.2018 Crl.M.A.10412/2018 (exemption) Exemption is allowed subject to all just exceptions. 1.

The petitioners seek quashing of FIR No.312/2017 under Sections 498-A/406/34 IPC, Police Station Gokul Puri. 2.

The subject FIR emanates out of matrimonial discord.

Petitioner No.1 is the husband of respondent No.2. Petitioner No.2 and Petitioner No.3 are the father-in-law and the mother-in-law of the respondent No.2.

Petitioner No.4 is the brother-in-law of the

respondent No.2.

Petitioner No.5 is the sister-in-law of the respondent No.2.

3.

Learned counsel for the petitioners submits that the disputes between the parties have been settled and a Compromise Deed dated 18.08.2017 has been executed between the parties. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 22.03.2018.

4.

The respondent No.2 was to be paid a total sum of Rs.3,50,000/-, along with jewellery articles, in full and final settlement of all her claims. A sum of Rs.1,75,000/- has already been paid and the jewellery articles have been returned. The balance sum of Rs.1,75,000/- has been paid to the respondent No.2 by way of Demand Draft No.759722 dated 22.05.2018 drawn on Indian Bank. 5.

The respondent No.2 is present in person, represented by a counsel and is identified by the Investigating Officer. She submits that the original Pass book and Cheque Book of Bank of Baroda have also to be handed over by the petitioners.

The petitioner No.1, who is present in Court in person, submits that he has tried to trace out the Pass Book and Cheque Book but has not been able to trace out same and the same are apparently lost. On this, the respondent No.2 agrees to get a duplicate Cheque Book and Pass Book issued from the Bank. She further 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 22.03.2018, 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 therefrom.

7.

In view of the above, FIR No.312/2017 under Sections 498A/406/34 IPC, Police Station Gokul Puri and the consequent proceedings emanating there from are quashed. 8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MAY 28, 2018 st