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Jai Prakash Sharma & Ors. vs State & Anr. on 20 December, 2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: December 20, 2018
+ CRL.M.C. 5942/2018

JAI PRAKASH SHARMA ORS. …..Petitioners
Through: Mr. Rakesh Sharma, Advocate

versus

STATE ANR. …..Respondents
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor for respondent-
State with SI Shailendra Kumar
Singh
Respondent No.2 in person

CORAM:
HON’BLE MR. JUSTICE SUNIL GAUR

ORDER

(ORAL)

1. Quashing of FIR No. 220/2016, under Sections 498A/406/34 IPC,
registered at police station Gokul Puri, North-east District, Delhi is
sought on the basis of Memorandum of Understanding of 18 th April,
2018.

2. Mr. Izhar Ahmed, learned Additional Public Prosecutor for
respondent-State accepts notice and submits that respondent No.2, present
in the Court has been identified to be the complainant of FIR in question
by SI Shailendra Kumar Singh on the basis of identity proof produced by
her.

3. Respondent No.2, present in the Court, submits that the terms of

CRL.M.C. 5942/2018 Page 1 of 3
Memorandum of Understanding of 18th April, 2018 have been fully acted
upon, as today she has received the balance settled amount of ₹30,000/-
in cash from petitioners. She submits that divorce by mutual consent has
been already granted by the family court on 23 rd May, 2018. Respondent
No.2 affirms the contents of her affidavit of 23rd May, 2018 supporting
this petition and submits that now no dispute with petitioners survives
and so, the proceedings arising out of the FIR in question be brought to
an end.

4. In „Gian Singh Vs. State of Punjab‟ (2012) 10 SCC 303 Supreme
Court has recognized the need of amicable resolution of disputes in cases
like the instant one, by observing as under:-

“61. In other words, the High Court must consider
whether it would be unfair or contrary to the interest of justice
to continue with the criminal proceedings or continuation of
criminal proceedings would tantamount to abuse of process of
law despite settlement and compromise between the victim and
the wrongdoer and whether to secure the ends of justice, it is
appropriate that criminal case is put to an end and if the
answer to the above question(s) is in the affirmative, the High
Court shall be well within its jurisdiction to quash the criminal
proceedings.”

5. In the facts and circumstances of this case and in view of aforesaid
Memorandum of Understanding of 18th April, 2018, I find that
continuance of proceedings arising out of the FIR in question would be an
exercise in futility as the matrimonial discord has been amicably resolved
and decree of divorce has been already obtained by the parties.

6. Accordingly, FIR No. 220/2016, under Sections 498A/406/34 IPC,
registered at police station Gokul Puri, North-east District, Delhi and

CRL.M.C. 5942/2018 Page 2 of 3
proceedings emanating therefrom stands quashed.

7. This petition is accordingly disposed of.

(SUNIL GAUR)
JUDGE

DECEMBER 20, 2018
v

CRL.M.C. 5942/2018 Page 3 of 3

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