* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 27.07.2018
+ CRL.M.C. 3702/2018
JATIN KUMAR ORS ….. Petitioners
STATE ANR ….. Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Shoueb Hasan with Mr. Jameel
Mr. Rajpal Kasana, Advocate.
For the Respondent: Mr. Panna Lal Sharma, APP for the
SI Prateek Saxena, PS Jaitpur.
Mr. Shamsher Ali, Advocate for R-2 with R-2 in
HON’BLE MR JUSTICE SANJEEV SACHDEVA
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioners seek quashing of FIR No.657/2014 under
Sections 498A/406/34 IPC, Police Station Jaitpur.
2. The subject FIR emanates out of matrimonial discord.
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3. Petitioner No.1 is the husband of respondent No.2. Petitioner
No.2 is the mother-in-law of the respondent No.2.
4. Learned counsel for the petitioners submit that the parties have
settled their disputes before the Counselling Cell, Family Court, Saket
on 02.11.2016. The parties have already been divorced by way of a
decree of divorce by mutual consent, passed on 10.10.2017.
5. The respondent No.2 was to be paid a total sum of
Rs.3,50,000/-. A sum of Rs.2,50,000/- has already been paid. The
balance sum of Rs.1,00,000/- has been paid to the respondent No.2 by
way of Demand Draft No.894450 dated 19.07.2018 drawn on Punjab
6. 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
7. 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 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 by mutual
consent, passed on 10.10.2017, continuation of criminal proceedings
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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 there from.
8. In view of the above, the petition is allowed. FIR No.657/2014
under Sections 498A/406/34 IPC, Police Station Jaitpur and the
consequent proceedings emanating there from are, accordingly
9. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
JULY 27, 2018
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