Sanjeev Rishi & ORS v. The State ( Govt Of NCT Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2852/2018 SANJEEV RISHI & ORS ..... Petitioner Through :

Mr Gaurav Saluja, Advocate.

versus THE STATE ( GOVT OF NCT DELHI) ..... Respondent Through :

Mr G.M.Farooqui, APP.

ASI Devender Kumar, PS Uttam Nagar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 25.05.2018 Crl. M.A. 10116/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 2852/2018 1.

Petitioner seeks quashing of FIR No.67/2015, under Sections 498A/406 IPC, Police Station Uttam Nagar, based on a Settlement. 2.

Subject FIR emanates out of a matrimonial discord. Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2 & 3 are the brothers of petitioner No.1.

3.

Parties have settled their dispute. Settlement dated 29.08.2017 has been executed between the parties before the Family Courts, Dwarka Court, New Delhi.

4.

By way of settlement, a total sum of Rs.3,50,000/- was agreed to be paid to respondent No.2 towards full and final settlement of all her claims. A sum of Rs.2,25,000/- has already been paid and balance amount of Rs.1,25,000/- has been paid by way of Bankers Cheque bearing No.504260 dated 21.05.2018 issued by the State Bank of India, Malviya Nagar Branch, which is accepted in the Court today. 5.

Respondent No.2 is present in Court in person, and 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 03.04.2018.

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 and Settlement dated 29.08.2017 has been executed between the parties before the Family Courts, Dwarka Court, New Delhi and 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.67/2015, under Sections 498A/406 IPC, Police Station Uttam Nagar and the consequent proceedings emanating therefrom are hereby quashed.

8.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J MAY 25, 2018 'Sn'