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Jasmeet Singh & Ors. vs State & Anr. on 27 July, 2018

$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 27.07.2018
+ CRL.M.C. 3714/2018
JASMEET SINGH ORS ….. Petitioners
versus

STATE ANR ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Tarun Rana, Adv.

For the Respondent: Mr. Sanjeev Sabharwal, Addl. PP for the State with
ASI Dinesh Kumar
Mr. Manoj Chouhan, Adv. for R-2

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

27.07.2018
SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 28659/2018 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 3714/2018

1. The petitioners seek quashing of FIR No. 323 of 2017 under
Sections 498A/406 of the IPC registered at Police Station Sunlight
Colony, New Delhi, based on a settlement. It is contended that the
FIR was lodged consequent to a matrimonial discord.

CRL.M.C. 3714/2018 Page 1 of 3

2. Learned counsels for the parties submit that the parties have
settled their disputes and they have amicably dissolved their marriage
by mutual consent and decree of divorce dated 04.06.2018 has been
passed. It is further submitted on behalf of the parties that parties had
entered into a settlement dated 04.06.2018 recorded before the Family
Court, Saket.

3. As per the settlement, a total sum of Rs. 5,50,000/- 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. 2,50,000/- has been
paid, by way of Demand Draft No. 811559 dated 10.07.2018 issued
by Punjab Sind Bank, to respondent no. 2 today in Court.

4. Respondent no. 2 who is present in court in person, represented
by her counsel and is identified by the Investigating Officer.
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.

5. In view of the fact that the disputes between the petitioners 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. 3714/2018 Page 2 of 3
therefrom.

6. In view of the above, the petition is allowed. FIR No. 323 of
2017 under Sections 498A/406 of the IPC registered at Police Station
Sunlight Colony, New Delhi and the consequent proceedings
emanating therefrom are accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
JULY 27, 2018
‘rs’

CRL.M.C. 3714/2018 Page 3 of 3

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