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Ashok Kumar & Ors. vs State (Govt. Of Nct Of Delhi) & Anr. on 16 July, 2018

$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 16.07.2018

+ CRL.M.C. 3478/2018
ASHOK KUMAR ORS ….. Petitioners

versus

STATE (GOVT. OF NCT OF DELHI) ANR….. Respondents
.
Advocates who appeared in this case:
For the Petitioners : Mr. Prabhoo Dayal Tiwari with Mr. Surya Kumar and Ms.
Manisha Tiwari, Advocates

For the Respondent: Mr. Kamal Kumar Ghai, APP for the State.
SI Amit Kumar, PS Ambedkar Nagar

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

16.07.2018
SANJEEV SACHDEVA, J. (ORAL)
CRL.M.C. 3478/2018

1. The petitioners seek quashing of FIR No.258/2017 under
Sections 498A/406/34 IPC, Police Station Ambedkar Nagar.

2. The subject FIR emanates out of matrimonial discord.
Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2
and 3 are the father-in-law and mother-in-law of the respondent No.2.

CRL.M.C. 3478/2018 Page 1 of 3

Petitioner Nos.4 and 5 are the sisters-in-law of the respondent No.2.

3. Learned counsel for the petitioners submits that the parties have
settled their disputes before the Mediation Centre, Saket Courts on
02.08.2017. The parties have already been divorced by way of a
decree of divorce by mutual consent, passed on 02.05.2018.

4. The respondent No.2 was to be paid a total sum of
Rs.3,50,000/- in full and final settlement of all her claims. A sum of
Rs.3,00,000/- has already been paid. The balance sum of Rs.50,000/-
is being paid today to the respondent No.2 in court by way of Demand
Draft No.022548 dated 10.07.2018 drawn on The Kangra Co-
Operative Bank Ltd. for Rs.50,000/-.

5. The respondent No.2 is present in person, represented by
counsel and is identified by the Investigating Officer/SI Amit Kumar,
P.S. Ambedkar Nagar. She has filed a supporting affidavit as well as
the identity proof. 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 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 by mutual

CRL.M.C. 3478/2018 Page 2 of 3
consent, passed on 02.05.2018, 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 therefrom.

7. In view of the above, No.258/2017 under Sections 498A/406/34
IPC, Police Station Ambedkar Nagar and the consequent proceedings
emanating there from are quashed.

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

SANJEEV SACHDEVA, J
JULY 16, 2018
ns

CRL.M.C. 3478/2018 Page 3 of 3

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