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Kapil Kumar & Ors vs The State Govt. Of Nct Of Delhi & Anr on 11 October, 2018

$~82
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on:11.10.2018

+ CRL.M.C. 5219/2018
KAPIL KUMAR ORS ….. Petitioners
versus

THE STATE GOVT. OF NCT OF
DELHI ANR ….. Respondents
Advocates who appeared in this case:

For the Petitioner : Ms. Reena Singh, Adv. with petitioners in person.

For the Respondents : Mr. Sanjeev Sabharwal, Addl. PP for the State with
SI Dhan Singh
Mr. Deepak Sharma, Adv. for R-2 with R-2 in
person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

11.10.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 34089/2018 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 5219/2018

1. Petitioners seek quashing of FIR No. 267 of 2013 under
Sections 498A/406/34 IPC registered at Police Station Sabzi Mandi,

CRL.M.C. 5219/2018 Page 1 of 3
Delhi, based on a settlement.

2. Subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioners submits that parties have
settled their disputes and settlement dated 31.01.2018 has been arrived
at between the parties before Delhi Mediation Centre, Tis Hazari
Courts, Delhi. Parties have amicably dissolved their marriage by
mutual consent and decree of divorce dated 07.09.2018 has been
passed.

4. The respondent No.2 is present in person, represented by her
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 further.

5. 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, passed on
07.09.2018, 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; securing the ends of
justice being the ultimate guiding factor. It would be expedient to

CRL.M.C. 5219/2018 Page 2 of 3
quash the subject FIR and the consequent proceedings emanating
therefrom.

6. In view of the above, the petition is allowed. FIR No. 267 of
2013 under Sections 498A/406/34 IPC registered at Police Station
Sabzi Mandi, Delhi and the consequent proceedings emanating there
from are quashed.

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

OCTOBER 11, 2018 SANJEEV SACHDEVA, J
‘rs’

CRL.M.C. 5219/2018 Page 3 of 3

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