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Ashwin Balakrishanan & Ors vs State & Anr on 10 October, 2018

$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on:10.10.2018

+ CRL.M.C. 5207/2018
ASHWIN BALAKRISHANAN ORS ….. Petitioners
versus

STATE ANR ….. Respondents
Advocates who appeared in this case:

For the Petitioner : Ms. Ritu Singh Mann and Mr. Dheeraj Kr. Garg,
Advs.

For the Respondents : Mr. Kamal Kr. Ghai, Addl. PP for the State with
SI Manvendra, PS Pandav Nagar, Delhi.
Mr. Vivek Srivastava, Adv. for R-2 with R-2 in
person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

10.10.2018
SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 34026/2018 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 5207/2018

1. Petitioners seek quashing of FIR No. 599 of 2017 under
Sections 498A/406/34 IPC registered at Police Station Pandav Nagar,

CRL.M.C. 5207/2018 Page 1 of 3
Delhi, based on a settlement.

2. Subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioners submits that parties have
settled their disputes and settlement dated 15.02.2018 has been
executed between the parties. Parties have amicably dissolved their
marriage by mutual consent and decree of divorce dated 08.10.2018
has been passed.

4. As per the settlement, a total sum of Rs. 33 lakhs has been
agreed to be paid by the petitioners to respondent no. 2 in full and
final settlement of all the claims of respondent no. 2. A sum of Rs. 20
lakhs has already been paid and the balance sum of Rs. 13 lakhs is
being paid today by way of DD/Bankers Cheque No. 532598 dated
01.10.2018 issued by Deutsche Bank to respondent no. 2, today in
Court.

5. The 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 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

CRL.M.C. 5207/2018 Page 2 of 3
press the complaint any further and the fact that the parties have
already been divorced by way of a decree of divorce, passed on
08.10.2018, 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, the petition is allowed. FIR No. 599 of
2017 under Sections 498A/406/34 IPC registered at Police Station
Pandav Nagar, Delhi and the consequent proceedings emanating
there from are quashed.

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

OCTOBER 10, 2018 SANJEEV SACHDEVA, J
‘rs’

CRL.M.C. 5207/2018 Page 3 of 3

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