Raju v. The State Govt Of NCT Of Delhi & ANR

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 64/2018 RAJU ..... Petitioner Through :

Ms Meenu Tanwar, Advocate.

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

Ms Pratibha Rani and Mr Ranjan Roy, Advocate for R-2.

Mr Arun Kumar Sharma, APP.

ASI Devender Kumar, PS Uttam Nagar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 08.01.2018 Crl. M.A. 259/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 64/2018 1.

The petitioner seeks quashing of FIR No.143/2009 under Sections 498A/406/ 34 IPC, Police Station Uttam Nagar. 2.

The subject FIR emanates out of a matrimonial discord. It is contended that the dispute between the parties have been settled by way of an amicable resolution. Deed of Settlement dated 01.12.2016 has been signed by the parties and has been placed on record. 3.

Learned counsel for the petitioner submits that the marriage between the parties has been dissolved by a Decree of Divorce by Crl.M.C.64/2018

mutual consent, which was allowed on 06.10.2017. 4.

The respondent No.2, who is present in Court, has been identified by the counsel as well as the Investigating Officer. 5.

Respondent No. 2 confirms the terms of Settlement and submits that she does not wish to press charges against the petitioner. 6.

The petitioner, who is also present in Court, confirms the terms of Settlement and confirms that the permanent custody, as agreed in paragraph 3 of the Settlement Deed dated 01.12.2016 shall remain with respondent No.2.

7.

A sum of Rs.50,000/- has been paid by the petitioner to the respondent No.2, which has been accepted by respondent No.2. 8.

In view of the settlement arrived at between the parties and, because the disputes arise out of a matrimonial discord and an amicable settlement has taken place and further as the marriage between the parties has been dissolved by way of mutual consent, I am of the view that no fruitful purpose would be served in continuing with the proceedings and ends of justice require that the proceedings be quashed.

9.

Accordingly, the petition is allowed. FIR No.143/2009 under Sections 498A/406/ 34 IPC, Police Station Uttam Nagar, and the consequent proceedings are hereby quashed.

10.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 08, 2018/'Sn'

Crl.M.C.64/2018