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Gaurav Sachdeva & Anr vs State & Anr on 4 October, 2018

$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on:04.10.2018

+ CRL.M.C. 5067/2018
GAURAV SACHDEVA ANR ….. Petitioners
versus

STATE ANR ….. Respondents
Advocates who appeared in this case:

For the Petitioners : Mr. Anil Khosla, Adv. with petitioner in person.

For the Respondents : Mr. Kamal Kr. Ghai, Addl. PP for the State with SI
Vijay Kumar

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

04.10.2018
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek quashing of FIR No. 435 of 2012 under
Sections 498A/406/34 IPC registered at Police Station Prashant Vihar,
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 before the Delhi Mediation Centre, Rohini

CRL.M.C. 5067/2018 Page 1 of 3
Courts on 01.05.2018. The parties have already been divorced by way
of a decree of divorce by mutual consent passed on 31.05.2018.

4. As per the settlement, the respondent No.2 was to be paid a
total sum of Rs. 1.50 lakhs in full and final settlement of all her
claims. A sum of Rs. 1,00,000/- has already been paid and the balance
sum of Rs. 50,000/- is being paid to respondent no. 2 by way of DD
No. 207573 dated 25.09.2018 issued by Indian Bank, in Court today.

5. As per the settlement the minor child shall remain in the
permanent custody of respondent No.2. Petitioners who are present in
Court undertake that they shall not claim any rights contrary to the
settlement terms. The undertaking is accepted.

6. 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 petitioners and does not wish to press charges against the
petitioners and prosecute the complaint any further.

7. 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 31.05.2018, continuation of criminal proceedings
will be an exercise in futility and justice in the case demands that the

CRL.M.C. 5067/2018 Page 2 of 3
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.

8. In view of the above, the petition is allowed of FIR No. 435 of
2012 under
Sections 498A/406/34 IPC registered at Police Station
Prashant Vihar and the consequent proceedings emanating there from
are quashed.

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

OCTOBER 04, 2018 SANJEEV SACHDEVA, J
‘rs’

CRL.M.C. 5067/2018 Page 3 of 3

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