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Honey Kumar & Ors. vs State & Anr. on 10 September, 2018

$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:10.09.2018

+ CRL.M.C. 3115/2018
HONEY KUMAR ORS ….. Petitioners
versus

STATE ANR ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Rovin Kumar, Advocate.

For the Respondents : Mr. G.M. Farooqui, APP for the State.
SI Ved Parkash, PS Shahbad Dairy.
Ms. Roshni, Advocate for respondent No.2
with respondent No.2 in person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

10.09.2018
SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No.295/2016 under
Sections 498A/406/34 IPC, Police Station Shahbad Diary.

2. The subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioners submits that the parties have
settled their disputes through the process of mediation held before
Delhi Mediation Centre, Rohini on 15.02.2017. The parties have

CRL.M.C. 3115/2018 Page 1 of 3
already been divorced by way of a decree of divorce passed on
21.02.2018.

4. As per the settlement, the minor child is in the permanent
custody of the respondent no.2 – mother. The Petitioner, who is
present in Court in person, undertakes that he shall not claim any
rights contrary to the settlement terms. The undertaking is accepted.

5. The respondent No.2 is present in person, represented by
counsel 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.

6. 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, passed on
21.02.2018, 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. 3115/2018 Page 2 of 3

7. In view of the above, the petition is allowed. FIR No.295/2016
under Sections 498A/406/34 IPC, Police Station Shahbad Diary and
the consequent proceedings emanating there from are quashed.

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

SEPTEMEBER 10, 2018 SANJEEV SACHDEVA, J
ab

CRL.M.C. 3115/2018 Page 3 of 3

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