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Naresh Kumar & Ors. vs State & Anr. on 14 February, 2019

$~36

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 14.02.2019
+ CRL.M.C. 831/2019
NARESH KUMAR ORS. ….. Petitioners
versus

STATE ANR. ….. Respondents
Advocates who appeared in this case:

For the Petitioners : Mr. Vishvava Nath Kumar, Adv. along with
petitioner

For the Respondents: Mr. Raghuvinder Verma, Addl. PP for the State
with SI Surender Singh
Mr. Harsh Vardhan, Adv. for R-2 with R-2 in
person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 3346/2019 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 831/2019

1. Petitioners seek quashing of FIR No. 151 of 2012 under
Sections 498A/406/34 IPC registered at Police Station Vijay Vihar,
Delhi, based on a settlement.

CRL.M.C. 831/2019 Page 1 of 3

2. Subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioners submits that parties have
settled their disputes and the settlement dated 29.08.2018 been the
parties has been executed before Delhi Mediation Centre, Rohini
Courts, Delhi.

4. It is further submitted by the parties that the parties have
already been divorced by decree of divorce dated 28.11.2014.

5. As per the settlement, a total sum of Rs. 1,75,000/- has been
agreed to be paid to respondent no. 2. A sum of Rs. 30,000/- has
already been paid and the balance sum of Rs. 1,45,000/- by way of
Demand Draft/Bankers’ Cheque No. 150070 dated 28.01.2019 issued
by Punjab National Bank, has been paid to respondent no. 2 today in
Court.

6. Respondent No.2 is present in person, represented by her
counsel and is identified by the Investigating Officer. She has also
filed affidavit in support of the petition. 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.

7. In view of the fact that the proceedings emanate out of a
matrimonial discord and parties have fully and finally settled their

CRL.M.C. 831/2019 Page 2 of 3
disputes and 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, passed on
28.11.2014, 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.

8. In view of the above, the petition is allowed FIR No. 151 of
2012 under Sections 498A/406/34 IPC registered at Police Station
Vijay Vihar, New Delhi and the consequent proceedings emanating
there from are quashed.

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

SANJEEV SACHDEVA, J
FEBRUARY 14, 2019
‘rs’

CRL.M.C. 831/2019 Page 3 of 3

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