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Abhijit S Bellur & Ors. vs State & Anr. on 19 July, 2018

$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 19.07.2018

+ CRL.M.C.3531/2018
ABHIJIT S BELLUR ORS. ….. Petitioners
versus

STATE ANR. ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr.Trideep Pais, Ms.Sanya Sud, Advs.

For the Respondent: Mr.Panna Lal Sharma, Addl. PP for
the State with SI Ram Naresh, P.S.Amar Colony.
Ms.Meera Kaura Patel, Adv.for R-2.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

19.07.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No. 78 of 2014 under
Sections 406/498A/34 of the IPC at Police Station Amar Colony, New
Delhi, based on a settlement. It is contended that the FIR was lodged
consequent to a matrimonial discord.

2. The petitioner was married to respondent No.2. Petitioners
Nos.2 3 are the father and mother of petitioner No.1. The petitioner
No.1 has filed the present petition through his father who has been
authorised by a special power of attorney dated 26.04.2018, notarised

CRL.M.C.3531/2018 Page 1 of 4
on 27.04.2018. Respondent No.2 is also represented by her father who
has been authorised by way of a special power of attorney dated
16.11.2017, copy of which has been produced in the Court. The same
is taken on record. Her counsel has also produced her affidavit dated
07.04.2018 in support of the petition which is notarised before the
Notary Public in USA. The same is also taken on record.

3. 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 has been passed by the Circuit
Court of Montgomery County, Maryland on 15.08.2016. It is further
submitted on behalf of the parties that parties had entered into the
settlement vide Memorandum of Settlement dated 27.03.2018.

4. As per the settlement, respondent No.2 was to be paid a total
amount of Rs.54 lakhs. The demand drafts in the sum of Rs.54 lakhs
have been deposited with the Registry of High Court of Karnataka,
Bengaluru. As per the settlement the said amount of Rs.54 lakhs have
to be paid to respondent No.2 when she withdraws all her pending
proceedings. It is informed that a domestic violence case is pending
before the Magistrates Court in Delhi. The special power of attorney
of the respondent on behalf of respondent No.2 undertakes that the
said domestic violence case would be withdrawn on the next date of
hearing i.e. 28.07.2018.

5. The petitioners who are present in Court undertake that the

CRL.M.C.3531/2018 Page 2 of 4
demand drafts submitted before the High Court of Karnataka,
Bengaluru in the sum of Rs.54 lakhs, which have expired would be
got revalidated and redeposited with the Registrar of the High Court
of Karnataka for being paid to respondent No.2, through her father, on
withdrawal of the domestic violence complaint. They further
undertake that the criminal complaint filed by the petitioners against
respondent No.2 shall be compounded/withdrawn/quashed. The
undertakings are accepted.

6. Learned counsel for the petitioners submits that the petitioner
has paid the remaining instalments of the permanent alimony of USD
600 per month upto July, 2018 in compliance of the Settlement
agreement. This is acknowledged by the counsel for respondent No.2.

7. Learned counsel for the respondent No.2 states that the writ
petition filed by the respondent No.2 being W.P(Crl) No.2973/2017
has already been withdrawn on 18.07.2018.

8. The parties undertake that they shall abide by the terms and
conditions of the Memorandum dated 27.03.2018 in its letter and
spirit. The undertakings are accepted.

9. Learned counsel for the parties inform that the other disputes
between the parties have also been resolved and proceedings have
been concluded on the basis of the subject settlement.

10. Respondent no. 2 who is represented by her father and special

CRL.M.C.3531/2018 Page 3 of 4
attorney has filed an affidavit confirming 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 petitioners any
further.

11. 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
there from.

12. In view of the above, the petitions are allowed. FIR No. 78 of
2014 under Sections 406/498A/34 of the IPC at Police Station Amar
Colony, New Delhi, and the consequent proceedings emanating there
from are accordingly quashed.

13. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
JULY 19, 2018
rk

CRL.M.C.3531/2018 Page 4 of 4

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