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Kuldeep vs State Govt. Of Nct Of Delhi & Anr. on 11 September, 2018

$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on:11.09.2018

+ CRL.M.C. 2804/2018
KULDEEP ….. Petitioner
versus

STATE GOVT. OF NCT OF DELHI ANR…… Respondents
Advocates who appeared in this case:
For the Petitioner : Mr.R.K.Naveen, Adv. with Mr.Manish
Mr.Sandeep Kumar, Advocates.

For the Respondents : Mr.Raghuvinder Verma, Addl. PP for the State
ASI Sandeep Kumar PS Najafgarh.
Mr.J.B. Malik, Adv. for R-2.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

11.09.2018
SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No.356/2015 under
Sections 498A/34 IPC, Police Station Najafgarh.

2. Subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioners submits that the parties have
settled their disputes through the process of mediation held before
National Lok Adalat, on 09.12.2017. The parties have already been

CRL.M.C. 2804/2018 Page 1 of 3
divorced by way of a decree of divorce passed on 02.04.2018.

4. Petitioner who is present in person undertakes that he shall, on
the next date before the concerned Trial Court, withdraw the case FIR
740/2014, PS Chhawla, u/s 325 IPC filed by him against the parents
of respondent no.2 and has no objection to compounding/quashing of
the subject offences. The undertaking is accepted.

5. It has also been agreed that the permanent custody of the minor
daughter shall remain with the respondent No.2 with certain visitation
rights to the petitioner. Petitioner undertakes that he shall not claim
any rights contrary to the settlement terms. The undertaking is
accepted.

6. 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 petitioners and does not wish to press
charges against the petitioners and prosecute the complaint any
further.

7. 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
02.04.2018, continuation of criminal proceedings will be an exercise

CRL.M.C. 2804/2018 Page 2 of 3
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.

8. In view of the above, the petition is allowed FIR No.356/2015
under Sections 498A/34 IPC, Police Station Najafgarh and the
consequent proceedings emanating there from are quashed.

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

SEPTEMBER 11, 2018 SANJEEV SACHDEVA, J
ab

CRL.M.C. 2804/2018 Page 3 of 3

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