Dharamviir v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3195/2018 DHARAMVIIR ..... Petitioner Through Mr. Devendar Dagar, Advocate.

versus STATE & ANR ..... Respondent Through Mr. Akshai Malik, APP for the State.

Mr. Amit Shrivastava, Adv. for R-2.

Inspector Asha, PS Nanakpura.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 01.06.2018 1.

The petitioner seeks quashing of FIR No.49/2012 under Sections 498/406/34 IPC, Police Station Crime (Women) Cell. 2.

The subject FIR emanates out of matrimonial discord. The petitioner is the husband of the respondent No.2. 3.

Learned counsel for the petitioner submits that the disputes between the parties have been settled and a settlement/compromise deed dated 12.04.2017 has been executed between the parties. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 18.12.2017.

4.

Respondent No.2 was to be paid a total sum of Rs. 5,00,000/-, in full and final settlement of all her claims. A sum of Rs. 3,50,000/- has already been paid. The balance sum of Rs.1,50,000/- has been paid to respondent No.2 by way of demand draft No.228709 dated CRL.M.C. 3195/2018

06.04.2018 drawn on Bank of India.

5.

Respondent No.2 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 and the fact that the parties have already been divorced by way of a decree of divorce by mutual consent, passed on 18.12.2017, 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.49/2012 under Sections 498/406/34 IPC, Police Station Crime (Women) Cell 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 CRL.M.C. 3195/2018