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Avinash Chand & Ors. vs The State & Anr. on 24 August, 2018


% Judgment delivered on: 24.08.2018
+ CRL.M.C. 4258/2018
AVINASH CHAND ORS ….. Petitioners

THE STATE ANR. ….. Respondents

Advocates who appeared in this case:

For the Petitioner : Ms. Mandakini, Adv.

For the Respondent: Mr. Raghuvinder Verma, Addl. PP for the State
with SI Renu Meena
Mr. Lalit Gaur, Adv. for R-2





Crl. M.A. 30549/2018 (Exemption)
Exemption is allowed subject to all just exceptions.

Crl. M.A. 30550/2018 (condonation of delay)
For the reasons stated in the application, the delay in re-filing the
petition is condoned. The application is disposed of.
CRL.M.C. 4258/2018

1. The petitioners seek quashing of FIR No. 445 of 2016 under
Sections 498A/406/34 of the IPC registered at Police Station South Rohini,

CRL.M.C. 4258/2018 Page 1 of 3
Delhi, based on a settlement. It is contended that the FIR was lodged
consequent to a matrimonial discord.

2. Learned counsel for petitioners prays for exemption from personal
appearance on behalf of petitioner no. 3 to 6. Petitioner no. 3 is mother of
petitioner no. 1. Petitioner no. 4 to 6 are sisters of petitioner no. 1. It is
submitted that petitioner no. 3 could not be present on account of her age
and ill-health. Learned Counsel further submits that petitioner no. 4 to 6
could not be present on account of their personal difficulty and prays for
exemption from personal appearance on their behalf. In view of the
explanation given, petitioner no. 3 to 6 are granted exemption from their
personal appearance.

3. Learned counsels for the parties submit that the parties have settled
their disputes and have amicably dissolved their marriage by mutual
consent and decree of divorce dated 24.04.2018 has been passed. It is also
submitted that the settlement before Delhi Mediation Centre, Rohini Court,
Delhi been executed between the parties on 17.04.2017. Copy of the same
has been produced and the same is taken on record.

4. As per the settlement, a total sum of Rs. 7 lakhs has been agreed to
be paid to respondent no. 2. A sum of Rs. 5,50,000/- has already been paid
to respondent no. 2 and the balance sum of Rs. 1,50,000/-, by way of
Bankers Cheque/Pay Order No. 240370 dated 19.07.2018 issued by State
Bank of India, has been paid to respondent no. 2 today in Court.

5. Respondent no. 2 who is present in court in person, represented by
her counsel and is identified by the Investigating Officer. She has filed her

CRL.M.C. 4258/2018 Page 2 of 3
affidavit along with the identity proof in Court. The same is taken on
record. Respondent no. 2 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.

6. 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.

7. In view of the above, the petition is allowed. FIR No. 445 of 2016
under Sections 498A/406/34 of the IPC registered at Police Station South
Rohini, Delhi, and the consequent proceedings emanating therefrom are,
accordingly quashed.

8. Order Dasti under signatures of the Court Master.

AUGUST 24, 2018

CRL.M.C. 4258/2018 Page 3 of 3

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