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Harjinder Singh vs State ( Govt Of Nct Of Delhi) & Anr. on 24 September, 2018

$~82
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 24.09.2018

+ CRL.M.C. 4859/2018
HARJINDER SINGH ….. Petitioner
versus

STATE ( GOVT OF NCT OF DELHI) ANR. ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Parmil Yodha and Mr. Nand Lal Yodha, Advs.

For the Respondent: Mr. Raghuvinder Verma,, Addl. PP for
the State with ASI Hawa Singh
Mr. Neil Wadia, Advocate for R-2 with R-2 in
person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

24.09.2018
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks quashing of FIR No. 244 of 2012 under
Sections 498A/406/34 of the IPC registered at Police Station Nihal
Vihar, 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, Tis

CRL.M.C. 4859/2018 Page 1 of 3
Hazari Courts, Delhi on 01.05.2018. The parties have already been
divorced by way of a decree of divorce by mutual consent, passed on
04.08.2018.

3. As per the settlement, a total sum of Rs. 1,00,000/- has been
agreed to be paid to respondent no. 2. A sum of Rs. 70,000/- has
already been paid and the balance sum of Rs. 30,000/- has been paid,
today in Court to respondent No. 2 who is present in Court in person.

4. As per the settlement, the permanent custody of minor child
shall remain with respondent No.2. The petitioner who is present in
Court undertakes that he shall not claim any rights contrary to the
settlement terms. The undertakings are 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 petitioner and is agreeable to the
settlement and does not wish to press the criminal charges against the
petitioner 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

CRL.M.C. 4859/2018 Page 2 of 3
quash the subject FIR and the consequent proceedings emanating
there from.

7. In view of the above, the petition is allowed. FIR No. 244 of
2012 under Sections 498A/406/34 of the IPC registered at Police
Station Nihal Vihar, Delhi, and the consequent proceedings emanating
there from are, accordingly quashed.

8. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
SEPTEMBER 24, 2018
‘rs’

CRL.M.C. 4859/2018 Page 3 of 3

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