* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 19.07.2018
JASJEET SWARUP SINGH SAINI ….. Petitioner
THE STATE (NCT OF DELHI) ORS. ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr.Sumeet Chopra, Adv.
For the Respondent: Mr.Kamal Kumar Ghai, Addl. PP for
the State with SI Sunil, P.S.Fatehpur Beri.
Mr.N.K.Nagar, Adv.for R-2.
HON’BLE MR JUSTICE SANJEEV SACHDEVA
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioner seeks quashing of FIR No. 636 of 2014 under
Sections 406/498A/34 of the IPC at Police Station Fatehpur Beri, New
Delhi, based on a settlement. It is contended that the FIR was lodged
consequent to a matrimonial discord.
2. As per the settlement, a total sum of Rs. 7,50,000/- was agreed
to be paid to respondent no. 2. The amount of Rs. 5,00,000/- has
already been paid to respondent no. 2. The balance amount of
Rs.2,50,000/- has been paid by way of Demand draft No.037101 dated
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05.07.2018 drawn on ICICI Bank.
3. Learned counsels for the parties submit that the parties have
settled their disputes and have amicably dissolved their marriage by
mutual consent and decree of divorce dated 17.04.2018 has been
passed. It is further submitted on behalf of the parties that parties had
entered into the settlement before the Counselling Cell, Saket Courts,
New Delhi dated 08.09.2017.
4. Learned counsels for the parties inform that other disputes
between the parties have also been resolved and proceedings have
been concluded on the basis of the subject settlement.
5. Respondent no. 2 who is present in court in person and
represented by counsel, 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.3536/2018 Page 2 of 3
7. In view of the above, the petition is allowed. FIR No. 636 of
2014 under Sections 406/498A/34 of the IPC at Police Station
Fatehpur Beri, New Delhi, and the consequent proceedings there from
are, accordingly quashed.
8. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
JULY 19, 2018
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