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Nadeem & Ors. vs State Of Delhi & Ors. on 23 August, 2018

$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23.08.2018

+ CRL.M.C. 4241/2018
NADEEM ORS. ….. Petitioners

versus

STATE OF DELHI ORS. ….. Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Yogesh Kr. Rana, Adv.

For the Respondent: Mr. Kamal Kr. Ghai, APP for the State with IO

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

23.08.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.30483/2018 (Exemption)

Exemption is allowed subject to all just exceptions.
CRL.M.C. 4241/2018

1. Petitioners seek quashing of FIR No.689/2015 under Sections
406/498A/34 IPC read with Section 4 of Dowry Prohibition Act
registered at Police Station Welcome, Delhi, based on a settlement.

2. Subject FIR emanates out of matrimonial discord. Petitioner

CRL.M.C. 4241/2018 Page 1 of 3
No.1 is the husband of respondent No.2 and petitioner no. 2 to 6 are
the other family members of petitioner no. 1.

3. Learned counsel for the petitioners submits that the parties have
settled their disputes through the process of mediation held before
Delhi Mediation Centre, Karkardooma Courts on 09.07.2018. The
divorce between the parties has already taken place on 22.02.2016 as
per Muslim Law.

4. Respondent No.2 has already received the Mehar amount as
well as other articles as per the settlement terms. Affidavit is filed.
The same is taken on record.

5. The respondent No.2 is present in person and is identified by
the Investigating Officer. She confirms that she has received the entire
amount. 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 against the petitioners.

6. 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 states that she does not wish to press
the complaint any further and the fact divorce between the parties has
already taken place on 22.02.2016 as per Muslim Law, 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

CRL.M.C. 4241/2018 Page 2 of 3
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.

7. In view of the above, the petition is allowed. FIR No.689/2015
under Sections 406/498A/34 IPC read with Section 4 of Dowry
Prohibition Act registered at Police Station Welcome, Delhi and the
consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J
AUGUST 23, 2018
‘rs’

CRL.M.C. 4241/2018 Page 3 of 3

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