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Narayan Pramanik vs The State & Anr. on 9 August, 2018

$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 09.08.2018

+ CRL.M.C. 3998/2018
NARAYAN PRAMANIK ….. Petitioner

versus

THE STATE ANR ….. Respondents

Advocates who appeared in this case:
For the Petitioner : Mr. Harish Dasan with Mr. Rajiv
Ranjan, Advocates.

For the Respondent: Mr. Panna Lal Sharma, APP for the
State.
Mr. Ankur Raghav, Advocate for R-2.
SI Sunil Kumar, PS Govindpuri.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

09.08.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.29620/2018 (exemption)

Exemption is allowed subject to all just exceptions.
CRL.M.C. 3998/2018 Crl.M.A.29621/2018 (stay)

1. The petitioner seeks quashing of FIR No.782/2015 under

CRL.M.C. 3998/2018 Page 1 of 3
Sections 498A/406 IPC, Police Station Govind Puri.

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 parties have
settled their disputes through the process of mediation held before
Mediation Centre, Saket Courts on 16.11.2017. The parties have
already been divorced by way of a decree of divorce passed on
03.05.2016.

4. The respondent No.2 was to be paid a total sum of
Rs.2,50,000/- in full and final settlement of all her claims. A sum of
Rs.50,000/- has already been paid. The balance sum of Rs.2,00,000/-
has been paid to the respondent No.2 by way of Demand Draft
No.967145 dated 10.07.2018 drawn on United Bank of India.

5. As per the settlement, the permanent custody of the minor child
is with the respondent No.2 with visitation rights in favour of the
petitioner. The petitioner, who is present in Court in person,
undertakes that he shall not claim any rights contrary to the settlement
agreement. The undertaking is accepted.

6. The respondent No.2 is present in person, represented by
counsel and is identified by the Investigating Officer. She submits that
she has settled her disputes with the petitioner and does not wish to
press charges against the petitioners and prosecute the complaint any

CRL.M.C. 3998/2018 Page 2 of 3
further.

7. 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, passed on
03.05.2016, 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.

8. In view of the above, the petition is allowed. FIR No.782/2015
under Sections 498A/406 IPC, Police Station Govind Puri and the
consequent proceedings emanating therefrom are, accordingly
quashed.

9. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
AUGUST 09, 2018
st

CRL.M.C. 3998/2018 Page 3 of 3

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