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Maninder Sehmbi vs The State ( Nct Of Delhi) & Anr. on 19 July, 2018

$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 19.07.2018

+ CRL.M.C. 2712/2018
MANINDER SEHMBI ….. Petitioner
versus

THE STATE ( NCT OF DELHI) ANR ….. Respondents

Advocates who appeared in this case:
For the Petitioner : Mr. Vikas Dudeja, Advocate with
petitioner in person.

For the Respondents: Mr. Sanjeev Sabharwal, APP for the State.
Ms. Sharmistha Mitra, Advocate for R-2.
SI Rajesh Kumar, PS Mehrauli.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

19.07.2018
SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No.604/2013 under
Sections 498A/406/34 IPC, Police Station Mehrauli.

2. The subject FIR emanates out of matrimonial discord.
Petitioner is the husband of respondent No.2.

3. Learned counsel for the petitioner submits that the disputes
between the parties have been settled and the settlement terms have

CRL.M.C. 2712/2018 Page 1 of 3
been recorded in order dated 24.03.2017 before the Family Court. The
parties have already been divorced by way of a decree of divorce by
mutual consent, passed on 15.12.2017.

4. The respondent No.2 was to be paid a total sum of
Rs.7,50,000/-. A sum of Rs.5,00,000/- has already been paid. The
balance sum of Rs.2,50,000/- has been paid to the respondent No.2 by
way of Demand Draft No.412535 dated 09.05.2018 drawn on Oriental
Bank of Commerce.

5. As per the settlement, respondent No.2 is to create a Fixed
Deposit in the name of the minor child under the guardianship of the
respondent No.2 for the lock-in period of seven years, after which the
said amount is to be credited to the account of the child.

6. The respondent No.2 is present in person, represented by
counsel and is identified by the Investigating Officer. She submits that
she has already created a Fixed Deposit in the name of the minor child
in the sum of Rs.5,00,000/- and a fixed deposit of the balance sum of
Rs.2,50,000/- will be credited in the favour of the minor child in
accordance with the settlement.

7. As per the Settlement, permanent custody of the minor child is
to remain with the respondent No.2. Petitioner, who is present in
Court in person, undertakes that he shall not claim any rights contrary
to the Settlement Terms. The undertaking is accepted.

CRL.M.C. 2712/2018 Page 2 of 3

8. Respondent No.2 submits that she has settled her disputes with
the petitioner and does not wish to press charges against the petitioner
and prosecute the complaint any further.

9. 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 by mutual
consent, passed on 15.12.2017, 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.

10. In view of the above, the petition is allowed. FIR No.604/2013
under Sections 498A/406/34 IPC, Police Station Mehrauli and the
consequent proceedings emanating there from are quashed.

11. Order Dasti under the signature of the Court Master.

SANJEEV SACHDEVA, J
JULY 19, 2018
st

CRL.M.C. 2712/2018 Page 3 of 3

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