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Mr. Sonu @ Tinku vs State & Anr on 25 September, 2018

$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 25.09.2018

+ CRL.M.C. 4901/2018
MR.SONU @ TINKU ….. Petitioner
versus

STATE ANR ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr.A.K.Sharma, Adv.

For the Respondent: Mr. Hirein Sharma, Addl. PP for the State
with ASI Hawa Singh, P.S.Nihal Vihar

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

25.09.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.32874/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4901/2018

1. On the oral prayer of the petitioner, Smt.Maya Devi w/o.
Sh.Rajinder is impleaded as petitioner No.2. Amended memo of
parties and her affidavit is taken on record.

2. Petitioners seek quashing of FIR No. 62 of 2012 under Sections

CRL.M.C. 4901/2018 Page 1 of 3
498A/406 of the IPC registered at Police Station Nihal Vihar, Delhi,
based on a settlement. It is contended that the FIR was lodged
consequent to a matrimonial discord.

3. Learned counsel for the parties submit that the parties have
entered into a settlement before the Delhi Mediation Centre, Tis
Hazari Court on 26.04.2016. The parties have already been divorced
by way of a decree of divorce, passed on 30.03.2018.

4. As per the settlement, a sum of Rs. 60,000/- was agreed to be
paid. A sum of Rs.40,000/- has already been paid. Banker’s Cheque
No.222873 dated 17.07.2018 issued by Bank of India for Rs.20,000/-
has been handed over and for the balance to respondent no. 2 who is
present in Court in person.

5. Respondent no. 2 is present in court in person is identified by
the IO. Respondent no. 2 submits that she has settled the disputes
with the petitioners and is agreeable to the settlement and does not
wish to press the criminal charges against the petitioners any further.

6. 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

CRL.M.C. 4901/2018 Page 2 of 3
quash the subject FIR and the consequent proceedings emanating
there from.

7. In view of the above, the petition is allowed. FIR No. 62 of
2012 under Sections 498A/406 of the IPC registered at Police Station
Nihal Vihar, Delhi, and the consequent proceedings emanating there
from are, accordingly quashed.

8. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
SEPTEMBER 25, 2018
rk

CRL.M.C. 4901/2018 Page 3 of 3

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