SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Dinesh Joshi & Ors. vs State Of Nct Of Delhi & Anr. on 20 July, 2018

$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 20.07.2018
+ CRL.M.C. 3589/2018
DINESH JOSHI ORS. ….. Petitioners

versus

STATE OF NCT OF DELHI 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

20.07.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 28182/2018 (Exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 3589/2018 Crl. M.A. 28181/2018

1. Exemption is prayed on behalf of petitioner no. 3 on the ground
that she is unwell and bed-ridden. She has filed an affidavit in support

CRL.M.C. 3589/2018 Page 1 of 3
of the petition. For the reasons aforesaid, petitioner no. 3 is granted
exemption from personal appearance.

2. The petitioners seek quashing of FIR No. 105 of 2015 under
Sections 498A/406/34 of the IPC registered at Police Station CAW
Cell Nanak Pura, New Delhi, based on a settlement. It is contended
that the FIR was lodged consequent to a matrimonial discord.

3. Learned counsels for the parties submit that the parties have
settled their disputes. Petitioner No. 1 and respondent No. 2 have
amicably dissolved their marriage by mutual consent and decree of
divorce dated 30.05.2018 has been passed. It is further submitted on
behalf of the parties that parties had entered into a settlement on
09.09.2017. As per the settlement, a total sum of Rs. 5,50,000/- has
been agreed to be paid to respondent no. 2. A sum of Rs. 4,00,000/-
has already been paid and the balance sum of Rs. 1,50,000/- by way
of Bankers’ Cheque No. 563473 dated 11.06.2018 issued by State
Bank of India, has been paid to respondent no. 2 today in Court.

4. 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.

5. In view of the fact that the disputes between the petitioners and

CRL.M.C. 3589/2018 Page 2 of 3
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.

6. In view of the above, the petition is allowed. FIR No. 105 of
2015 under Sections 498A/406/34 of the IPC registered at Police
Station CAW Cell Nanak Pura, New Delhi and the consequent
proceedings emanating there from are, accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
JULY 20, 2018
‘rs’

CRL.M.C. 3589/2018 Page 3 of 3

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation