* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:10.09.2018
+ CRL.M.C. 2912/2018
AMIT CHOUDHARY ….. Petitioners
STATE ANR ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Ms.Rita Salija, Adv.
For the Respondents : Mr.Raghuvinder Verma, APP for the State.
Ms.Veena Kalra, Adv. for R-2.
HON’BLE MR JUSTICE SANJEEV SACHDEVA
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioners seek quashing of FIR No.16/2012 under
Sections 498A/406/34 IPC, Police Station CAW Nanak Pura.
2. The subject FIR emanates out of matrimonial discord.
3. Learned counsel for the petitioners submits that the parties have
settled their disputes through the process of mediation held before
Delhi Mediation Centre, Dist. West, Tis Hazari Courts, Delhi on
CRL.M.C. 2912/2018 Page 1 of 3
21.08.2017. The parties have already been divorced by way of a
decree of divorce passed on 28.03.2018.
4. As per the settlement, the minor child is in the permanent
custody of the respondent no.2 – mother with visitation rights to the
petitioner. The petitioner, who is present in Court in person,
undertakes that he shall not claim any rights contrary to the settlement
terms. The undertaking is accepted.
5. 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
6. 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 been divorced by way of a decree of divorce, passed on
28.03.2018, 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
CRL.M.C. 2912/2018 Page 2 of 3
7. In view of the above, the petition is allowed. FIR No.16/2012
under Sections 498A/406/34 IPC, Police Station CAW Nanak Pura
and the consequent proceedings emanating there from are quashed.
8. Order Dasti under the signatures of the Court Master.
SEPTEMEBER 10, 2018 SANJEEV SACHDEVA, J
CRL.M.C. 2912/2018 Page 3 of 3