Sandeep Singh & ORS v. State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SANDEEP SINGH & ORS ..... Petitioners Through Mr. Rahul Shukla with Mr. Akash Jandial, Advocates.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through Mr. Arun Kumar Sharma, APP for State.

Mr. Anil Goel with Mr. Rajeev Kumar, Advocates.

ASI Ranvir Singh, PS Nanak Pura.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 22.01.2018 1.

The petitioners, by the present petition, seek quashing of FIR No.100/14 under Section 498A/406/34 IPC, Police Station Nanakpura, registered on the complaint of respondent No.2. 2.

The petitioner No.1 is the husband of the respondent No.2. The petitioner Nos.2 and 3 are the parents of the petitioner No.1, petitioner Nos.4 and 7 are the sister and brother-in-law of the petitioner No.1 and the petitioner No.5, 6 and 8 are the uncles of the petitioner No.1. 3.

The subject FIR emanates out of a matrimonial discord. Parties have settled their disputes. As per the settlement agreement dated 18.05.2016, a total sum of Rs.15,00,000/- was to be paid to the respondent No.2. A sum of Rs.9,00,000/- has already been paid. A

sum of Rs.6,00,000/- has been paid to the respondent No.2 in Court today by way of a Demand Draft No.102367 dated 07.12.2017 drawn on Yes Bank. The additional sum of Rs.25,000/-, as agreed between the parties, has been paid to the respondent No.2 through the electronic transfer today bearing transaction No.802216937863 dated 22.01.2018, transferred to the SBI bank account No.31827722813 from the account No.013691800001986.

4.

The respondent No.2, who is present in person and is represented by her counsel and is also identified by the Investigating Officer confirms that the parties have settled their disputes and the compromise/settlement deed dated 18.05.2016 has been executed. Consequent to the settlement, the petitioner No.1 and the respondent No.2 have already dissolved their marriage by way of a decree of divorce dated 15.04.2017 by mutual consent. She confirms that she does not wish to prosecute the criminal proceedings any further. 5.

In view of the settlement between the parties and the fact that the marriage between the respondent No.2 and her husband has already been dissolved by way of a decree of divorce by mutual consent and further all disputes between the petitioners and respondent No.2 have been amicably settled and the respondent No.2 does not wish to prosecute 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 therefrom.

6.

In view of the above, the FIR No.100/14 under Section 498A/406/34 IPC, Police Station Nanakpura and the consequent proceedings emanating therefrom are quashed.

7.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 22, 2018 st