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Balram Arora vs The State (Govt.Of Nct Of Delhi) & … on 23 August, 2018

$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 992/2018

BALRAM ARORA ….. Petitioner
versus

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

Advocates who appeared in this case:

For the Petitioner : Mr. Markandey Gupta, Advocate

For the Respondent: Mr.Raghuvinder Verma, APP with SI Karan Singh,
P.S.Lodhi Colony.
CORAM:
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
% 23.08.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No. 331/2006 under Sections
406/498A IPC, Police Station Lodhi Colony.

2. The subject FIR emanates out of matrimonial discord. Petitioner
No.1 is the husband of respondent No.2.

3. Learned counsel for the petitioners submits that the parties have
settled their disputes and the terms of settlement were recorded before the
Mediation Centre, Saket Courts on 09.08.2017. The parties have already
been divorced by way of a decree of divorce by mutual consent, passed on
04.07.2018.

4. It is further agreed between the parties that the custody of the

CRL.M.C. 992/2018 Page 1 of 2
children shall remain with respondent no. 2. The petitioner who is present
in court in person undertakes that he shall not claim any right contrary to
the settlement terms. The undertaking is accepted.

5. The 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.

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
04.07.2018, 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, FIR No. 331/2006 under Sections 406/498A
IPC, Police Station Lodhi Colony and the consequent proceedings
emanating there from are quashed.

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

SANJEEV SACHDEVA, J.

AUGUST 23, 2018/rk

CRL.M.C. 992/2018 Page 2 of 2

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