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Jitendra Kumar Gopalia vs The State (Nct Of Delhi) & Anr. on 9 October, 2018

$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on:09.10.2018

+ CRL.M.C. 4741/2018
JITENDRA KUMAR GOPALIA ….. Petitioner

versus
THE STATE (NCT OF DELHI) ANR. ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Ajay Kumar Mayer, Advocate.

For the Respondents : Mr. Sanjeev Sabharwal, APP for the
State.
SI Kartar Singh, PS Bindapur.
Mr. Vipin Kumar Gupta, Advocate
for respondent No.2 with respondent
No.2 in person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

09.10.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No.1108/2014 under
Sections 498A/406/34 IPC, Police Station Bindapur.

2. The subject FIR emanates out of matrimonial discord.
Petitioner is the husband of respondent No.2.

CRL.M.C. 4741/2018 Page 1 of 3

3. Learned counsel for the petitioner submits that the parties have
settled their disputes before the Trial Court on 11.12.2017. Parties
have already been divorced by way of a decree of divorce by mutual
consent, passed on 16.05.2018.

4. Respondent No.2 was to be paid a total sum of Rs.4,50,000/- in
full and final settlement of all her claims besides return of an Alto Car
K-10. A sum of Rs.3,00,000/- has already been paid. Balance sum of
Rs.1,50,000/- has been paid to the respondent No.2 by way of
Demand Draft No.704983 dated 15.09.2018 drawn on State Bank of
India. The vehicle Alto Car K-10 has already been returned.

5. 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 petitioner and does not wish
to press charges against the petitioner and prosecute the complaint any
further.

6. 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 the 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 16.05.2018, 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;

CRL.M.C. 4741/2018 Page 2 of 3

securing the ends of justice being the ultimate guiding factor. It would
be expedient to quash the subject FIR and the consequent proceedings
emanating therefrom.

7. In view of the above, the petition is allowed. FIR No.1108/2014
under
Sections 498A/406/34 IPC, Police Station Bindapur and the
consequent proceedings emanating there from are quashed.

8. Order Dasti under the signatures of the Court Master.

OCTOBER 09, 2018 SANJEEV SACHDEVA, J
st

CRL.M.C. 4741/2018 Page 3 of 3

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