Akash Sadh & ORS v. The State (Govt. Of NCT Of Delhi) & ANR

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3615/2018 AKASH SADH & ORS ..... Petitioners Through:

Mr.Pramod Singh, Adv.

with petitioners in person.

versus THE STATE (GOVT. OF NCT OF DELHI) & ANR..... Respondents Through:

Mr.Raghuvinder Verma, APP for the State with ASI Jatan Swaroop, PS Krishan Nagar.

Mr.Krishan N. Rana, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 26.10.2018 1.

Vide the present petition, the petitioners seeks quashing of FIR No.355/2012 under Sections 498A/406/34 of the IPC registered at PS Krishan Nagar, Delhi.

2.

Learned counsel for the petitioners submits that the marriage between the petitioner no.1 and the respondent no.2 was solemnised on 02.12.2011, but due to temperamental differences, the couple started residing separately w.e.f. 16.01.2012 itself. Thereafter, a complaint was made by the respondent no.2 leading to the registration of the aforesaid FIR. He submits that subsequently, with the intervention of the senior members of the family, the matter has been resolved between the parties and they have executed a settlement deed on 24.04.2017, according to which the respondent no.2 has received a sum of Rs.4 lakhs from the petitioners. Furthermore, the marriage

between the petitioner no.1 and respondent no.2 also stands dissolved vide order dated 25.11.2017 passed by the learned Family Court, Karkardooma Courts. He, therefore, prays that the FIR and all consequential proceedings be quashed.

3.

The petitioners as also respondent no.2 are present in Court. I have interacted with the respondent no.2 and she states that she has been entered into settlement deed dated 24.04.2017 out of her own free will without any coercion and she, therefore, prays that the FIR and all consequential proceedings be quashed. 4.

I have considered the submissions of the parties and perused the record. Having considered the matter and the fact that the present FIR arises out of a matrimonial dispute, I am of the opinion that no fruitful purpose will be served in continuing the aforesaid criminal proceedings and ends of justice would be served if the present proceedings are quashed.

5.

Accordingly, the petition is allowed and FIR No.0355/2012 under Sections 498A/406/34 of the IPC registered at PS Krishan Nagar and the proceedings emanating therefrom are quashed, subject to the petitioners depositing a sum of Rs.10,000/- with the Delhi High Court Staff Welfare Fund, within four weeks from today. A copy of receipt of deposit of costs will be handed over to the Investigating Officer for production before the Trial Court. 6.

The petition is disposed of in the above terms. REKHA PALLI, J OCTOBER 26, 2018/gm