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Ankit Rathore & Ors. vs State (Govt. Of Nct Of Delhi) & Anr. on 16 August, 2018

$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 16.08.2018
+ CRL.M.C. 1996/2018
ANKIT RATHORE ORS ….. Petitioners
versus

STATE (GOVT OF NCT OF DELHI) ANR….. Respondents
Advocates who appeared in this case:

For the Petitioner : Ms.Niti Chaudhary, Adv.

For the Respondent: Mr. Raghuvinder Verma, Addl. PP for the State
with SI Manisha Sharma, P.S.Aman Vihar.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

16.08.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No. 1665 of 2015 under
Sections 498A/406/34 of the IPC registered at Police Station Aman
Vihar, New Delhi, based on a settlement. It is contended that the FIR
was lodged consequent to a matrimonial discord.

2. Learned counsels for the parties submit that the parties have
settled their disputes by way of a settlement before the Mediation
Centre, Rohini District Courts dated 08.01.2015 which has been
executed between the parties. As per the settlement, a total sum of
Rs. 5,50,000/- has been agreed to be paid to respondent no. 2. The

CRL.M.C. 1996/2018 Page 1 of 2
entire amount has already been paid. The parties have already been
divorced by way of a decree of divorce by mutual consent, passed on
29.04.2016.

3. Respondent no. 2 who is present in court in person is identified
by the Investigating Officer 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.

4. 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
therefrom.

5. In view of the above, the petition is allowed. FIR No. 1665 of
2015 under Sections 498A/406/34 of the IPC registered at Police
Station Aman Vihar, New Delhi and the consequent proceedings
emanating therefrom are, accordingly quashed.

6. Order Dasti under signatures of the Court Master.

AUGUST 16, 2018/rk SANJEEV SACHDEVA, J

CRL.M.C. 1996/2018 Page 2 of 2

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