Karan Sharma & ORS v. The State & ANR

$~55 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3052/2018 KARAN SHARMA & ORS ..... Petitioners Through :

Mr Akash Nagar and Mr Vikrant Singh, Advocates.

versus THE STATE & ANR ..... Respondents Through :

Mr G.M.Farooqui, APP.

ASI Surinder Singh, PS Uttam Nagar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 29.05.2018 Crl. M.A. 10764/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 3052/2018 1.

Petitioners seek quashing of FIR No.487/2016, 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 parents of petitioner No.1. Petitioner No.4 is the brother of petitioner No.1.

3.

Parties have settled their dispute.

Memorandum of Understanding-cum-Settlement Deed dated 18.02.2017 has been executed between the parties.

4.

By way of settlement, a total sum of Rs.10,15,000/- was agreed to be paid to respondent No.2 towards full and final settlement of all her claims. It is submitted that the entire amount has already been paid.

5.

Respondent No.2 is present in Court in person, is identified by the Investigating Officer, She confirms that the Settlement has taken place and submits that the marriage between the parties has been dissolved by way of decree of divorce by mutual consent on 06.12.2017. She also confirms that she has received the entire amount as per the Settlement and further 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 through the Memorandum of Understanding-cumSettlement Deed dated 18.02.2017, which has been executed between the parties, and respondent No.2 has received the entire amount of Settlement and further she 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 there from. 7.

Accordingly FIR No.487/2016, under Sections 498A/406 IPC, Police Station Uttam Nagar and the consequent proceedings emanating there from are hereby quashed.

8.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J MAY 29, 2018 'Sn'