Charan Das & ORS v. The State Govt Of NCT Of Delhi & ANR

$~51 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 294/2018 CHARAN DAS & ORS ..... Petitioners Through:

Ms. Jyoti Gupta, Adv.

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

Mr. Mukesh Kumar, Addl. PP for the State with SI Sandeep Rawal

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 19.01.2018 Crl. M.A. No. 1127/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 294/2018 1.

The petitioner seeks quashing of FIR No. 325 of 2015 under Sections 498A/406/34 of the IPC Police Station Kalyan Puri, 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 the parties have amicably dissolved their marriage by mutual consent and decree of divorce dated 16.10.2017 has been passed. A total sum of Rs. 3.25 lakhs has been agreed to be paid to respondent no. 2. A sum of Rs. 2.50 lakhs has already been paid and the balance sum of Rs. 75,000/- has been paid to respondent no. 2 by way of Demand Draft/Bankers Cheque No. 583756 dated 14.12.2017 issued by State Bank of India today in the Court.

CRL.M.C. 294/2018

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 petitioner 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 have entered into a settlement before the Delhi Mediation Centre, Karkardooma Courts, Delhi.

4.

In view of the fact that the disputes between the petitioner 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. 325 of 2015 under Sections 498A/406/34 of the IPC Police Station Kalyan Puri, Delhi and the consequent proceedings emanating therefrom are, accordingly quashed.

6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 19, 2018 'rs'

CRL.M.C. 294/2018