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Malkhan Meena & Ors. vs State (Govt. Of Nct Of Delhi) & Anr. on 9 August, 2018

$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 09.08.2018
+ CRL.M.C. 4013/2018
MALKHAN MEENA ORS. ….. Petitioners
versus

STATE (GOVT. OF NCT OF DELHI) ANR. ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Narendra Gautam and Mr. Amarnath, Advs.

For the Respondent: Mr. Neelam Sharma, Addl. PP for the State with
ASI Devender Singh
Mr. Jameel Ahmed, Adv. for R-2 with R-2 in
person

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

09.08.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl. M.C. 29659/2018 (Exemption)
Allowed, subject to all just exceptions.

CRL.M.C. 4013/2018

1. The petitioners seek quashing of FIR No. 231 of 2016 under
Sections 498A/406/34 of the IPC registered at Police Station Defence
Colony, New Delhi, based on a settlement. It is contended that the
FIR was lodged consequent to a matrimonial discord.

CRL.M.C. 4013/2018 Page 1 of 3

2. Learned counsels for the parties submit that parties have settled
their disputes and have amicably dissolved their marriage by mutual
consent and decree of divorce dated 03.05.2018 has been passed.

3. It is further submitted on behalf of the parties that parties had
entered into a settlement dated 18.01.2017 recorded before the Family
Court, Saket. As per the settlement, total sum of Rs. 5,35,000/- has
been agreed to be paid to respondent no. 2. A sum of Rs. 4,00,000/-
has already been paid and the balance sum of Rs. 1,35,000/- has been
paid to respondent no. 2, by way of Demand Draft No. 859076 dated
04.07.2018 issued by Punjab National Bank, today in Court.

4. Respondent no. 2 who is present in court in person, represented
by her counsel, is identified by the Investigating Officer. 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.

5. 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
therefrom.

CRL.M.C. 4013/2018 Page 2 of 3

6. In view of the above, the petition is allowed. FIR No. 231 of
2016 under Sections 498A/406/34 of the IPC registered at Police
Station Defence Colony, New Delhi and the consequent proceedings
therefrom are, accordingly quashed.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
AUGUST 09, 2018
‘rs’

CRL.M.C. 4013/2018 Page 3 of 3

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