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Deepak Sharma & Ors. vs The State (Govt. Of Nct Of Delhi) & … on 30 July, 2018

$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 30.07.2018
+ CRL.M.C. 3728/2018
DEEPAK SHARMA ORS. ….. Petitioners
versus

THE STATE (GOVT. OF NCT OF DELHI) ANR ….. Respondents
Advocates who appeared in this case:

For the Petitioner : Mr. Nimish Chib, Advocate.

For the Respondent: Mr. Raghuvinder Verma, Addl. PP for
the State
Mr. Nagendra Singh and Mr. Jitender, Advs. for
respondent/complainant

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

30.07.2018
SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 28727/2018 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 3728/2018

1. The petitioners seek quashing of FIR No. 809 of 2016 under
Sections 498A/406 of the IPC Police Station Uttam Nagar, New
Delhi, based on a settlement arrived at before the Delhi Mediation

CRL.M.C. 3728/2018 Page 1 of 3
Centre, Rohini Courts, Delhi on 28.02.2018. It is contended that the
FIR was lodged consequent to a matrimonial discord.

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 23.04.2018 has been
passed. It is further submitted on behalf of the parties that parties had
entered into the settlement before the Delhi Mediation Centre, Dwarka
Courts, New Delhi on 19.07.2017. As per the settlement, a total sum
of Rs. 7 lakhs has been agreed to be paid to respondent no. 2.

3. Respondent no. 2 is present in court in person, represented by
her counsel and is identified by the Investigating Officer. She
confirms that she has received the entire sum of Rs. 7 lakhs.
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
therefrom.

CRL.M.C. 3728/2018 Page 2 of 3

5. In view of the above, the petition is allowed. FIR No. 809 of
2016 under Sections 498A/406 of the IPC Police Station Uttam
Nagar, New Delhi and the consequent proceedings therefrom are,
accordingly quashed.

6. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
JULY 30, 2018
‘rs’

CRL.M.C. 3728/2018 Page 3 of 3

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