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Jitender Mohan @ Jatin vs State & Anr. on 10 July, 2018

$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 10.07.2018

+ CRL.M.C. 3385/2018
JITENDER MOHAN @ JATIN ….. Petitioner
versus

STATE ANR ….. Respondents

Advocates who appeared in this case:
For the Petitioner : Mr. Jitender Gupta and Mr.Deepak Rohilla, Advs for
petitioner.

For the Respondents: Mr.Kamal Kumar Ghai, Addl. PP for the State with SI
Vikas, P.S.Hari Nagar.
Respondent No. 2 in person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

10.07.2018

SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 12263/2018 (exemption)
Allowed, subject to all just exceptions.

CRL.M.C. 3385/2018

1. The petitioner seeks quashing of FIR No. 773 of 2015 under
Sections 498A/406/34 of the IPC at Police Station Hari Nagar, New Delhi,
based on a settlement. It is contended that the FIR was lodged consequent
to a matrimonial discord.

2. Learned counsels for the parties submit that the parties have settled

CRL.M.C. 3385/2018 Page 1 of 2
their disputes. It is further submitted on behalf of the parties that parties had
entered into the Memorandum of Settlement dated 23.03.2018.

3. Parties are present in court and undertake that they shall abide by the
terms and conditions mentioned in the Memorandum of Settlement dated
23.03.2018. The undertakings are accepted.

4. Respondent no. 2 who is present in court in person is identified by
the IO. Respondent no. 2 submits that she has settled the dispute with the
petitioner and is agreeable to the settlement and does not wish to press the
criminal charges against the petitioner 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 there from.

6. In view of the above, the petition is allowed. FIR No. 773 of 2015
under Sections 498A/406/34 of the IPC at Police Station Hari Nagar, New
Delhi, and the consequent proceedings emanating there from are
accordingly quashed.

7. Order Dasti under signatures of the Court Master.

JULY 10, 2018/ssc SANJEEV SACHDEVA, J

CRL.M.C. 3385/2018 Page 2 of 2

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