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Akashdeep & Ors. vs State (Govt. Of Nct Of Delhi) & Anr. on 24 July, 2018

$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 24.07.2018

+ CRL.M.C. 2373/2018
AKASHDEEP ORS. ….. Petitioners

versus

STATE (GOVT. OF NCT OF DELHI)
ANR. ….. Respondents

Advocates who appeared in this case:
For the Petitioner : Mr.R.P.S.Bhatti, Adv.

For the Respondent: Ms.Neelam Sharma, Addl. PP for the State with SI
Ajay Swami, P.S.M.S.Park.
Mr.Rajesh Kumar Passey, Adv. with respondent
No. 2 in person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

24.07.2018

SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.8465/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 2373/2018

1. The petitioners seek quashing of FIR No. 200 of 2014 under
Sections 498A/406/34 of the IPC at Police Station Mansarovar Park,
Delhi, based on a settlement. It is contended that the FIR was lodged

CRL.M.C. 2373/2018 Page 1 of 3
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 25.08.2017 has been
passed. It is further submitted on behalf of the parties that parties had
entered into the settlement before the Family Court, Karkardooma
Courts, New Delhi on 25.08.2017.

3. As per the settlement, a total sum of Rs. 2,00,000/- was agreed
to be paid to respondent no. 2. The amount of Rs. 1,40,000/- has
already been paid to respondent no. 2. The balance amount of
Rs.60,000/- has been paid by way of Pay Order No.009011 dated
23.07.2018 drawn on Axis Bank Ltd.

4. Respondent no. 2 who is present in court in person and
represented by counsel, is identified by the Investigating Officer. She
confirms that she has received the entire sum of Rs. 2,00,000/- from
the petitioners. Respondent no. 2 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 petitioners any
further.

5. 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

CRL.M.C. 2373/2018 Page 2 of 3
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.

6. In view of the above, the petition is allowed. FIR No. 200 of
2014 under Sections 498A/406/34 of the IPC at Police Station
Mansarovar Park, Delhi and the consequent proceedings there from
are, accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
JULY 24, 2018
rk

CRL.M.C. 2373/2018 Page 3 of 3

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