Satto @ Satbiri Devi v. The State ( Govt Of NCT Of Delhi) & ANR

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3041/2018 SATTO @ SATBIRI DEVI ..... Petitioner Through Ms. Rekha, Advocate.

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

Insp. Pankaj, PS Jyoti Nagar.

Mr. V.K. Upadhayay, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 29.05.2018 1.

The petitioner seeks quashing of FIR No.120/2012 under Sections 498A IPC, Police Station Jyoti Nagar, based on a settlement. 2.

The petitioner is the mother-in-law of the respondent No.2. 3.

Learned counsel for the petitioner submits that the disputes between the parties have been settled and a settlement was arrived at between the complainant and her husband (son of the petitioner) on 05.04.2018. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 03.05.2018. 4.

The respondent No.2 was to be paid a total sum of Rs.3,35,000/- in full and final settlement of all her claims. A sum of Rs.2,35,000/- has already been paid. The balance sum of Rs.1,00,000/- has been paid to the respondent No.2 by way of Demand Draft No.315763 dated 14.05.2018 drawn on Syndicate Bank.

CRL.M.C. 3041/2018

5.

The respondent No.2, is present in person, represented by a counsel and is identified by the Investigating Officer. The respondent No.2 as well as the son of petitioner undertake that they shall withdraw their respective complaints/proceedings. The undertaking is accepted. The respondent No.2 further submits that she has settled her disputes with the petitioner and does not wish to press charges against the petitioner 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 respondent No.2 and the son of the petitioner have already been divorced by way of a decree of divorce by mutual consent, passed on 03.05.2018, 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.

In view of the above, the petition is allowed. FIR No.120/2012 under Sections 498A IPC, Police Station Jyoti Nagar and the consequent proceedings emanating there from are quashed. 8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MAY 29, 2018/st CRL.M.C. 3041/2018