Sudeep Mendiratta & ORS v. Govt. Of NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SUDEEP MENDIRATTA & ORS ..... Petitioners Through Mr. Yogesh Kumar Jagia with Mr.

Amit Sood, Advocates.

versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through Mr. Arun Kumar Sharma, APP for the State.

Mr. Manish Gandhi with Mr. Alok Kothari and Mr. Ravi Kumar, Advocates for the complainant.

SI Vikram Singh, PS Rajouri Garden.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 01.06.2018 Crl.M.A.11158/2018 (exemption) Exemption is allowed subject to all just exceptions. 1.

The petitioners seek quashing of FIR No.643/2017 under Sections 498A/406/34 IPC, Police Station Rajouri Garden, based on a settlement.

2.

The subject FIR emanates out of matrimonial discord. The petitioner No.1 is the husband of the daughter of the respondent No.3/complainant. Petitioner Nos.2 and 3 are the mother-in-law and

father-in-law of the daughter of the respondent No.3/complainant. It is contended that on account of illness, the wife of the petitioner No.1 has expired.

3.

Learned counsel for the petitioners submits that the petitioners have settled with the family of the wife and a settlement/compromise deed dated 18.05.2018 has been executed between the parties. 4.

As per the settlement, it has been agreed to pay a sum of Rs.1.25 crores besides return of other articles. It is confirmed that all the articles have been returned. The sum of Rs.5,24,800/- has already been paid. The balance amount of Rs.1,19,75,000/- has been paid by way of demand draft No.146056 dated 20.05.2018 drawn on Federal Bank.

5.

Respondent No.3 is present in person, represented by counsel and is identified by the Investigating Officer. She 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, 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.643/2017 under Sections 498A/406/34 IPC, Police Station Rajouri Garden and the consequent proceedings emanating there from are quashed. 8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J JUNE 01, 2018 st