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Jogender Sharma @ Raju & Ors. vs State & Another on 21 August, 2018

$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 21.08.2018
+ CRL.M.C. 3637/2018
JOGENDER SHARMA @ RAJU ORS. ….. Petitioners
versus

STATE ANOTHER ….. Respondents

who appeared in this case:
For the Petitioner : Mr.A.K.Azad, Adv.

For the Respondent: Mr.Kamal Kr.Ghai, Addl. PP for the State with SI
Ashish Kumar, P.S.Bhajanpura.
Mohd.Elahi, Adv. for R-2.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

21.08.2018
SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No. 1483 of 2014 under
Sections 498A/406/34 of the IPC registered at Police Station Bhajanpura,
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
their disputes by way of a settlement dated 23.04.2018 before the
Counselling Cell, Family Courts, Karkardooma Courts, Delhi.

3. As per the settlement, a total sum of Rs. 10,00,000/- has been agreed
to be paid to respondent no. 2. The entire amount has already been paid.
The parties have already been divorced by way of a decree of divorce by

CRL.M.C. 3637/2018 Page 1 of 2
mutual consent, passed on 28.07.2018.

4. It is further agreed between the parties that the custody of the minor
child shall remain with respondent no. 2. The petitioner who is present in
court in person undertakes that he shall not claim any right contrary to the
settlement terms. The undertaking is accepted.

5. Respondent no. 2 who is present in court in person is identified by
the Investigating Officer 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 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 therefrom.

7. In view of the above, the petition is allowed. FIR No. 1483 of 2014
under Sections 498A/406/34 of the IPC registered at Police Station
Bhajanpura, Delhi and the consequent proceedings there from are,
accordingly quashed.

8. Order Dasti under signatures of the Court Master.

AUGUST 21, 2018/rk SANJEEV SACHDEVA, J

CRL.M.C. 3637/2018 Page 2 of 2

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