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Gopal Kumar & Ors. vs The State (Nct Of Delhi) & Anr. on 25 September, 2018

$~78
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 25.09.2018

+ CRL.M.C. 4753/2018
GOPAL KUMAR ORS. ….. Petitioners
versus

THE STATE (NCT OF DELHI) ANR. ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Sanchit Vashistha, Adv.

For the Respondent: Mr. Raghuvinder Verma, Addl. PP for the State
with SI Omveer Singh
Ms. Suman Sharma, Adv. for R-2

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

25.09.2018
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek quashing of FIR No. 525 of 2016 under
Sections 498A/406/34 of the IPC registered at Police Station Nand
Nagari, Delhi, based on a settlement. It is contended that the FIR was
lodged consequent to a matrimonial discord.

2. Learned counsel for the parties submit that the parties have
entered into a settlement before the Delhi Mediation Centre, Dwarka
Courts, Delhi on 30.10.2017. Parties have already been divorced by

CRL.M.C. 4753/2018 Page 1 of 3
way of a decree of divorce by mutual consent, passed on 22.03.2018.

3. As per the settlement, a total sum of Rs. 4,50,000/- has been
agreed to be paid to respondent no. 2. A sum of Rs. 3,00,000/- has
already been paid and the balance sum of Rs. 1,50,000/- has been paid
by way of DD No. 413532 dated 13.09.2018 issued by Oriental Bank
of Commerce, today in Court to respondent No. 2 who is present in
Court in person.

4. As per the settlement, the petitioner who is present in Court,
undertakes that he shall withdraw the case filed by him against
respondent no. 2. The undertaking is accepted.

5. Respondent no. 2 is present in court in person, represented by
counsel and is identified by the IO. 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.

6. In view of the fact that the disputes between the petitioner 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

CRL.M.C. 4753/2018 Page 2 of 3
there from.

7. In view of the above, the petition is allowed. FIR No. 525 of
2016 under Sections 498A/406/34 of the IPC registered at Police
Station Nand Nagari, Delhi, and the consequent proceedings
emanating there from are, accordingly quashed.

8. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
SEPTEMBER 25, 2018
‘rs’

CRL.M.C. 4753/2018 Page 3 of 3

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