* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 20.07.2018
+ CRL.M.C. 2597/2018
ASHWANI KUMAR TIWARI ….. Petitioner
STATE ( NCT OF DELHI) ANR ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Sushant Bali, Advocate
For the Respondents: Mr. Raghuvinder Verma, APP for the State.
ASI Suresh Kumar, PS New Usman Pur.
HON’BLE MR JUSTICE SANJEEV SACHDEVA
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioner seeks quashing of FIR No.167/2013 under
Sections 498A/406/34 IPC Section 4 of Dowry Prohibition Act,
Police Station New Usman Pur.
2. The subject FIR emanates out of matrimonial discord.
Petitioner is the husband of respondent No.2.
3. Learned counsel for the petitioner submits that the disputes
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between the parties have been settled and the settlement agreement
dated 01.11.2017 has been executed before the Counselling Cell,
Family Court, Karkardooma Courts. The parties have already been
divorced by way of a decree of divorce by mutual consent, passed on
4. The respondent No.2 was to be paid a total sum of
Rs.3,25,000/-. A sum of Rs.2,25,000/- has already been paid. The
balance sum of Rs.1,00,000/- has been paid to the respondent No.2 by
way of Demand Draft No.088744 dated 04.07.2018 drawn on State
Bank of India.
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 petitioner and does not wish to
press charges against the petitioner and prosecute the complaint any
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
consent, passed on 20.02.2018, 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;
CRL.M.C. 2597/2018 Page 2 of 3
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.
7. In view of the above, the petition is allowed. FIR No. 167/2013
under Sections 498A/406/34 IPC Section 4 of Dowry Prohibition
Act, Police Station New Usman Pur and the consequent proceedings
emanating there from are quashed.
8. Order Dasti under the signature of the Court Master.
SANJEEV SACHDEVA, J
JULY 20, 2018
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