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Kuldeep & Ors. vs State (Nct Of Delhi) & Anr. on 6 July, 2018

$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 06.07.2018
+ CRL.M.C. 3327/2018, CRL.M.A.12061/2018.
KULDEEP ORS ….. Petitioners
versus

STATE (NCT OF DELHI) ANR ….. Respondents

Advocates who appeared in this case:
For the Petitioner : Mr. Parmil Kumar, Adv.

For the Respondent: Mr. Sanjeev Sabharwal, Addl. PP for
the State with ASI
Respondent No. 2 in person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

06.07.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No. 350 of 2016 under
Sections 498A/406/506/354/34 of the IPC read with Section 4 of the
Dowry Prohibition Act at Police Station Harsh Vihar, 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 their disputes and have amicably dissolved their marriage by

CRL.M.C. 3327/2018 Page 1 of 3
mutual consent and decree of divorce dated 06.04.2018 has been
passed. It is further submitted on behalf of the parties that parties had
entered into the settlement before the Delhi Mediation Centre,
Karkardooma Courts, New Delhi on 12.07.2017.

3. As per the settlement, a total sum of Rs. 4,30,000/- was agreed
to be paid to respondent no. 2. The amount of Rs. 4,30,000/- has
already been paid to respondent no. 2.

4. Respondent no. 2 who is present in court in person and is
identified by the Investigating Officer. IO confirms that respondent
no. 2 has received the entire sum of Rs. 4,30,000/- from the petitioner.
Respondent no. 2 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.

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. 350 of

CRL.M.C. 3327/2018 Page 2 of 3
2016 under Sections 498A/406/506/354/34 of the IPC read with
Section 4 of the Dowry Prohibition Act at Police Station Harsh Vihar,
New Delhi and the consequent proceedings there from are,
accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
JULY 06, 2018
‘rs’

CRL.M.C. 3327/2018 Page 3 of 3

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