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Ashwani vs State ( Nct Of Delhi ) & Anr. on 15 October, 2018

$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 15.10.2018

+ CRL.M.C. 3895/2018
ASHWANI ….. Petitioner
versus

STATE ( NCT OF DELHI ) ANR. ….. Respondents

Advocates who appeared in this case:

For the Petitioners : Mr.Sanjay Gupta, Adv.

For the Respondents : Mr. Raghuvinder Verma, Addl. PP for the State
with ASI Subhash Pandey, P.S.Jagat Puri.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

15.10.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks quashing of FIR No. 196 of 2016 under
Sections 498A/354 IPC registered at Police Station Jagat Puri, Delhi,
based on a settlement.

2. Subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioners submits that parties have

CRL.M.C. 3895/2018 Page 1 of 3
settled their disputes and the settlement dated 02.05.2018 has been
executed between the parties.

4. As per the settlement, a total sum of Rs. 14 lakhs has been
agreed to be paid by the petitioner to respondent no. 2 in full and final
settlement of all the claims of respondent no. 2. Rs. 6 lakhs has been
agreed to be paid at the time of quashing. Said amount of
Rs.6,00,000/- is being paid today by way of DD No. 020501 dated
30.07.2018 issued by IDBI Bank for Rs.4,00,000/- and Rs.2,00,000/-
is being paid by way of DD No.020502 dated 30.07.2018 issued by
IDBI Bank to respondent no. 2.

5. It is also agreed that parties shall apply for divorce by mutual
consent and the balance amount of Rs.8 lakhs shall be paid in two
instalments of Rs. 4 lakhs at the time of recording of the first motion
and the second motion respectively. Parties undertake that they shall
abide by the terms of the undertaking. The undertaking is accepted.

6. Respondent No.2 is present in person, represented by her
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
further.

7. In view of the fact that the proceedings emanate out of a
matrimonial discord and parties have fully and finally settled their

CRL.M.C. 3895/2018 Page 2 of 3
disputes and the respondent No.2 has stated that she does not wish to
press the complaint any further, 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.

8. In view of the above, the petition is allowed. FIR No. 196 of
2016 under Sections 498A/354 IPC registered at Police Station Jagat
Puri, Delhi and the consequent proceedings emanating there from are
quashed.

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

OCTOBER 15, 2018 SANJEEV SACHDEVA, J
rk

CRL.M.C. 3895/2018 Page 3 of 3

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