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Love Kumar vs Nct Delhi & Anr. on 4 July, 2018


% Judgment delivered on: 04.07.2018
+ CRL.M.C. 3284/2018
LOVE KUMAR ….. Petitioner

NCT DELHI ANR ….. Respondents

Advocates who appeared in this case:
For the Petitioner : Mr. R.K. Bali and Ms. Sharda Garg, Advs.

For the Respondent: Mr. Sanjeev Sabharwal, Addl. PP for the State
with ASI Vijay





1. The petitioner seeks quashing of FIR No. 231 of 2013 under
Sections 498A/406 of the IPC Police Station Aman Vihar, New Delhi,
based on a settlement arrived at before the Delhi Mediation Centre,
Rohini Courts, Delhi on 28.02.2018.

2. FIR emanates out of a matrimonial discord.

3. Learned counsels for the parties submit that the parties have
settled their disputes and have amicably dissolved their marriage by

CRL.M.C. 3284/2018 Page 1 of 3
mutual consent and decree of divorce dated 28.02.2018 has been
passed. It is further submitted on behalf of the parties that parties had
entered into the settlement before the Delhi Mediation Centre, Rohini
Courts, New Delhi on 28.02.2018.

4. As per the settlement, a total sum of Rs. 2 lakhs has been
agreed to be paid to respondent no. 2. A sum of Rs. 1,40,000/- has
already been paid and the balance sum of Rs. 60,000/- (in cash) has
been paid to respondent no. 2 outside the Court.

5. 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. 2 lakhs from the petitioner as
well as the articles that where mentioned in the settlement agreement.
Respondent no. 2 submits that she has settled the dispute with the
petitioner(s) and is agreeable to the settlement and does not wish to
press the criminal charges against the petitioner(s) any further.

6. In view of the fact that the disputes between the petitioner(s)
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

CRL.M.C. 3284/2018 Page 2 of 3

7. In view of the above, the petition is allowed. FIR No. 231 of
2013 under Sections 498A/406 of the IPC Police Station Aman Vihar,
New Delhi and the consequent proceedings therefrom are, accordingly

8. Order Dasti under signatures of the Court Master.

JULY 04, 2018

CRL.M.C. 3284/2018 Page 3 of 3

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