Parmeet Singh & ORS v. The State & ANR

$~112 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2876/2018 PARMEET SINGH & ORS ..... Petitioners Through:

Mr.R.K. Kohli and Mr.Tarun Kumar Makhija, Advs. with petitioners in person versus THE STATE & ANR ..... Respondents Through:

Mr.Arun K. Sharma, APP for State.

Mr.Pramod Gupta, Adv for R-2.

SI Ram Babu, PS Khayala.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 24.05.2018 CRL.M.A. No. 10179/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 2876/2018 1.

The petitioner seeks quashing of FIR No. 293 of 2016 under Sections 498A, 306/34 IPC PS Khayala 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 before Mediation Centre, Tis Hazari, on 29.04.2017 and have amicably dissolved their marriage by mutual consent and decree of divorce dated 24.01.2018 has been passed. A total sum of Rs. 4 lakhs has been agreed to be paid to respondent no. 2. A sum of Rs. 3 lakhs has already been paid and the balance sum of Rs. 1,00,000/- has been paid to respondent no. 2 by way of DD No. 500657 dated 09.04.2018 issued from CRL.M.C. 2876/2018

ICICI Bank today in the Court.

3.

Respondent no. 2 is present in court in person, represented by her counsel and is identified by the Investigating Officer. She submits that she has settled the dispute with the petitioner and is agreeable to the settlement and does not wish to press criminal charges against the petitioner any further. It is further submitted on behalf of the parties that parties had entered into the settlement before Mediation Centre, Tis Hazari Courts, Delhi.

4.

In view of the fact that the disputes between the petitioner 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 therefrom.

5.

In view of the above, the petition is allowed. FIR No. 293 of 2016 under Sections 498A/406/34 IPC PS Khayala and all the consequent proceedings therefrom are, accordingly quashed. 6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J.

MAY 24, 2018 Neelam CRL.M.C. 2876/2018