SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Joginder Singh Bote & Ors. vs Nct Of Delhi & Anr. on 16 August, 2018

$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 16.08.2018
+ CRL.M.C. 4117/2018
JOGINDER SINGH BOTE ORS. ….. Petitioners
versus

NCT OF DELHI ANR. ….. Respondents

Advocates who appeared in this case:

For the Petitioner : Mr. Vijay Joshi, Adv.

For the Respondent: Mr. Kamal Kr.Ghai, Addl. PP for the State with
ASI Laxmi, P.S.CWC, Nanakpura.
Mr. Ramesh Kumar, Adv. for R-2.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

16.08.2018

SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.30024/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4117/2018

1. The petitioners seek quashing of FIR No. 150 of 2017 under
Sections 498A/406/377/34 of the IPC registered at Police Station
Crime (Women) Cell, Nanakpura, New Delhi, based on a settlement.
It is contended that the FIR was lodged consequent to a matrimonial

CRL.M.C. 4117/2018 Page 1 of 3
discord.

2. Learned counsels for the parties submit that the parties have
settled their disputes and a Settlement Deed dated 06.02.2018 been
executed between the parties. As per the settlement, a total sum of
Rs. 10 lakhs has been agreed to be paid to respondent no. 2. A sum of
Rs. 5,00,000/- has already been paid. Further sum of Rs. 5,00,000/-
has been paid to respondent no. 2 today in Court by way of DD No.
069119 dated 23.07.2018 issued by Standard Chartered Bank. The
parties have already been divorced by way of a decree of divorce by
mutual consent, passed on 24.04.2018.

3. Respondent no. 2 who is present in court in person, represented
by her counsel and 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.

4. 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.

CRL.M.C. 4117/2018 Page 2 of 3

5. In view of the above, the petition is allowed. FIR No. 150 of
2017 under Sections 498A/406/377/34 of the IPC registered at Police
Station Crime (Women) Cell, Nanakpura, New Delhi and the
consequent proceedings emanating therefrom are accordingly
quashed.

6. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
AUGUST 16, 2018
rk

CRL.M.C. 4117/2018 Page 3 of 3

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please to read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registrationJOIN WELCOME GROUP HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307,312, 313,323 376, 377, 406, 420, 506, 509; and also TEP, RTI etc

Web Design BangladeshWeb Design BangladeshMymensingh