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Deepak And Anr. vs The State & Anr. on 13 July, 2018

$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 13.07.2018
+ CRL.M.C. 3453/2018
DEEPAK AND ANR. ….. Petitioners
versus

THE STATE ANR. ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Manish Kumar, Mr. C.B. Garg and Ms.
Sanjeeta Tripathi, Advs.

For the Respondent: Mr. Sanjeev Sabharwal, Addl. PP for the State with
SI Sanjeet Singh
Mr. S. Kumar, Adv. for R-2

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

13.07.2018

SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 12535/2018 (Exemption)
Allowed, subject to all just exceptions.

CRL.M.C. 3453/2018

1. The petitioners seek quashing of FIR No. 146 of 2017 under
Sections 498A/406/34 of the IPC registered at Police Station Rajouri
Garden, New Delhi, based on a settlement. It is contended that the
FIR was lodged consequent to a matrimonial discord.

CRL.M.C. 3453/2018 Page 1 of 3

2. 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 17.01.2018 has been
passed. It is further submitted on behalf of the parties that parties had
entered into a Memorandum of Understanding dated 02.05.2017. As
per the settlement, a total sum of Rs. 1,75,000/- has been agreed to be
paid to respondent no. 2. A sum of Rs. 1,25,000/- has already been
paid and the balance sum of Rs. 50,000/- by way of Bankers’ Cheque
No. 375742 dated 08.06.2018 issued by State Bank of India, has been
paid to respondent no. 2 today in Court.

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

4. 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
there from.

CRL.M.C. 3453/2018 Page 2 of 3

5. In view of the above, the petition is allowed. FIR No. 146 of
2017 under
Sections 498A/406/34 of the IPC registered at Police
Station Rajouri Garden, New Delhi and the consequent proceedings
emanating there from are, accordingly quashed.

6. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
JULY 13, 2018
‘rs’

CRL.M.C. 3453/2018 Page 3 of 3

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