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Amit Kumar & Ors. vs The State (G.N.C.T. Of Delhi) & … on 27 August, 2018

$~83
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 27.08.2018

+ CRL.M.C. 4317/2018
AMIT KUMAR ORS. …. Petitioners

versus

THE STATE (G.N.C.T. OF DELHI) ANR. ….. Respondents

Advocates who appeared in this case:
For the Petitioners : Mr. Binod Kumar Jha with Mr. Shashi
Kumar Shukla, Advocates

For the Respondents: Mr. Kamal Kumar and Mr. Ashok
Kumar Sharma, Advocates for the
Complainant.
ASI Ramphal Singh, PS Dabri

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

27.08.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.30754/2018 (exemption)

Exemption is allowed subject to all just exceptions.
CRL.M.C. 4317/2018

1. The petitioner seeks quashing of FIR No. 100/2016 under

CRL.M.C. 4317/2018 Page 1 of 3
Sections 498A/406/34 IPC, registered at Police Station, Dabri.

2. The subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioner submits that the parties have
settled their dispute before the Mediation Centre, Dwarka Courts,
Delhi.

4. As per the settlement, a total amount of Rs. 3,00,000/-is to be
paid to respondent no. 2. A sum of Rs. 2 lacs have already been paid.
Rs. One lakh is being paid today in Court by way of Demand Draft
no. 413359 dated 23rd July, 2018 drawn on Oriental Bank of
Commerce.

5. Respondent no. 2 is present in Court in person represented by
counsel and 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.

6. In view of the fact that the proceedings emanate out of a
matrimonial discard 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 by mutual
consent, passed on 12th March, 2018, continuation of criminal
proceedings will be an exercise in futility and justice in the case

CRL.M.C. 4317/2018 Page 2 of 3
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.

7. In view of the above, FIR No. 100/2016 under Sections
498A/406/34 IPC, registered at Police Station, Dabri and the
consequent proceedings emanating there from are quashed.

8. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J
AUGUST 27, 2018
P

CRL.M.C. 4317/2018 Page 3 of 3

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