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Babu Shanker vs State (Nct Of Delhi) & Anr. on 13 September, 2018

$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on:13.09.2018

+ CRL.M.C. 4454/2018

BABU SHANKER ….. Petitioner
versus

STATE (NCT OF DELHI) ANR ….. Respondents

Advocates who appeared in this case:
For the Petitioner : Mr. Arvind Duggal, Advocate.

For the Respondents : Mr. Kamal Kr. Ghai, APP for the State with SI
Jasmer Singh.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

13.09.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks quashing of FIR No. 457 of 2000 under Sections
498A/406 IPC registered at Police Station Jahangir Puri, Delhi, based
on a settlement.

2. Subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioners submits that the parties have
settled their disputes. The parties have already been divorced.
Respondent no. 2 after divorce has remarried.

CRL.M.C. 4454/2018 Page 1 of 2

4. Respondent No.2 is present in person 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.

5. 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, 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.

6. In view of the above, the petition is allowed. FIR No. 457 of
2000 under Sections 498A/406 IPC registered at Police Station
Jahangir Puri, Delhi and the consequent proceedings emanating there
from are quashed.

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

SEPTEMBER 13, 2018 SANJEEV SACHDEVA, J
‘rs’

CRL.M.C. 4454/2018 Page 2 of 2

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