Devender & ORS v. The State Govt Of NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5032/2017 DEVENDER & ORS ..... Petitioners Through Mr. Bishwajit Singh, Advocate.

versus THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondents Through Mr. Mukesh Kumar, APP for the State.

ASI Laxmi, PS Nanak Pura.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 21.03.2018 1.

The petitioners seek quashing of FIR No.184/2016 under Sections 498-A/406/34 IPC, Police Station CWC Nanakpura. 2.

The subject FIR emanates out of matrimonial discord.

Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2 and 3 are the parents of the petitioner No.1. Petitioner No.4 is the sister of the petitioner No.1. Petitioner Nos.5 to 15 are the relations of the petitioner No.1.

3.

Learned counsel for the petitioners submits that the parties have settled their disputes and a settlement has been recorded at the time of the recording of the statement of the First Motion on 12.09.2017. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 28.02.2018.

4.

The respondent No.2 was to be paid a total sum of Rs.6,00,000/- in full and final settlement of all her claims. The said CRL.M.C. 5032/2017

amount of Rs.6,00,000/- has already been paid to the respondent No.2.

5.

The respondent No.2 is present in person 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 28.02.2018, 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 therefrom.

7.

In view of the above, FIR No.184/2016 under Sections 498A/406/34 IPC, Police Station CWC Nanakpura and the consequent proceedings emanating there from are quashed. 8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MARCH 21, 2018/st CRL.M.C. 5032/2017