Dinesh & ORS v. The State Govt Of NCT Of Delhi & ANR

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5354/2017 DINESH & ORS ..... Petitioners Through:

Mr. Anirudh Tanwar and Mr. Jay Kr.

Bhardwaj, Advs.

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

Mr. Akshai Malik, Addl. PP for the State with ASI Ranvir Singh, PS CWC Nanak Pura Mr. Sourabh Luthra, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 24.01.2018 Crl. M.A. 20965/2017 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 5354/2017 1.

The petitioners seek quashing of FIR No. 56 of 2015 under Sections 498A/406/354/34 of the IPC Police Station Crime (Women) Cell, Nanak Puri, New Delhi. It is contended that the FIR was lodged consequent to a matrimonial discord.

2.

Learned counsels for the parties submit that the parties have settled their disputes and have amicably dissolved their marriage by mutual consent and decree of divorce dated 10.11.2017 has been passed. A total sum of Rs. 5 lakhs have been agreed to be paid to respondent no. 2. A sum of Rs. 4 lakhs have already been paid and the balance sum of Rs. 1,00,000/- CRL.M.C. 5354/2017

has been paid to respondent no. 2 by way of Demand Draft/Banker's Cheque No. 002281 dated 19.11.2017 issued by PMC Bank Ltd. today in the Court.

3.

Respondent no. 2 is present in court in person, represented by her counsel and is identified by the Investigating Officer. She submits that she has settled the dispute with the petitioners and is agreeable to the settlement and does not wish to press the criminal charges against the petitioner any further. It is further submitted on behalf of the parties that parties had entered into the settlement on 08.04.2017 before the Lok Adalat at Tis Hazari Courts, Delhi.

4.

In view of the fact that the disputes between the petitioners and respondent no. 2 emanate out of a matrimonial discord and have been settled, 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.

5.

In view of the above, the petition is allowed FIR No. 56 of 2015 under Sections 498A/406/354/34 of the IPC Police Station Crime (Women) Cell, Nanak Puri, New Delhi and the consequent proceedings therefrom are, accordingly quashed.

6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 24, 2018 'rs'

CRL.M.C. 5354/2017