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High Court of DelhiCRL.M.C./143/2018

Parveen Kumar v. The State And ANR

2018-01-29Hon'Ble Mr. Justice Sanjeev Sachdeva2 pages

$~2 * IN T H E H IG H C O U R T O F D EL H I A T N EW D EL H I + CRL.M.C. 143/2018 Crl. M.A. 17787/2017.

PARVEEN KUMAR ..... Petitioner Through Mr. Vishal Vimal, Advocate.

versus THE STATE AND ANR ..... Respondents Through Mr. Arun Kumar Sharma, APP for the State.

Mr. Himanshu Jain, Advocate for respondent No.2.

ASI Tulli Ram, PS Badarpur.

C O R A M :

H O N 'BL EM R .JU ST IC ESA N JEEV SA C H D EV A O R D ER % 29.01.2018 1.

The petitioners, by the present petition, seek quashing of FIR No.383/2013 under Section 498A/406/34 IPC, Police Station Badarpur. Subject FIR has been registered on the complaint of the respondent No.2 and emanates out of a matrimonial discord. 2.

Learned counsel for the petitioner submits that the parties have entered into a settlement agreement dated 02.12.2016 through the process of mediation, held at Mediation Centre, Saket Courts, New Delhi.

The parties have already divorced by way of a decree of divorce by mutual consent, passed on 07.10.2017. 3.

The respondent No.2 was to be paid a total sum of Rs.5,00,000/- in full and final settlement of all her claims. A sum of Rs.3,00,000/- has already been paid.

The balance sum of Rs.2,00,000/- has been handed over to the respondent No.2 by way of

a pay order bearing No.03127 dated 08.12.2017 drawn on Bank of Baroda.

4.

The respondent No.2 is present in person, represented by counsel 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.

5.

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 divorced by way of a decree of divorce by mutual consent, passed on 07.10.2017, and in the interest of justice, it would be expedient to quash the subject FIR and the consequent proceedings emanating there from.

6.

In view of the above, FIR No.383/2013 under Section 498A/406/34 IPC, Police Station Badarpur and the consequent proceedings emanating there from are quashed. 7.

Order Dasti under the signatures of the Court Master. SA N JEEV SA C H D EV A ,J JA N U A R Y 29,2018/st