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Neeraj Kishore & Ors vs State & Anr on 11 October, 2018

$~84
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on:11.10.2018

+ CRL.M.C. 5227/2018
NEERAJ KISHORE ORS ….. Petitioners
versus

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

For the Petitioner : Mr. Vinod Paul, Adv.

For the Respondents : Mr. Panna Lal Sharma, Addl. PP for the State with
SI Rameshwar Prasad.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

11.10.2018
SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 34111/2018 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 5227/2018

1. Petitioners seek quashing of FIR No. 263 of 2016 under
Sections 498A/406/34 IPC registered at Police Station Fatehpur Beri,
based on a settlement.

CRL.M.C. 5227/2018 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 settlement dated 22.11.2017 has been arrived
at between the parties before the Family Court, Dwarka. Parties have
amicably dissolved their marriage by mutual consent and decree of
divorce dated 19.09.2018 has been passed.

4. As per the settlement, a total sum of Rs. 7,75,000/- has been
agreed to be paid by the petitioners to respondent no. 2 in full and
final settlement of all the claims of respondent no. 2. A sum of Rs. 5
lakhs has already been paid and the balance sum of Rs. 2,75,000/- is
being paid by way of DD/Bankers Cheque No. 188820 dated
09.10.2018 issued by Indian Bank to respondent no. 2, today in Court.

5. Respondent No.2 is present in person and is identified by the
Investigating Officer. 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.

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 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
19.09.2018, continuation of criminal proceedings will be an exercise

CRL.M.C. 5227/2018 Page 2 of 3
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.

7. In view of the above, the petition is allowed. FIR No. 263 of
2016 under Sections 498A/406/34 IPC registered at Police Station
Fatehpur Beri, Delhi and the consequent proceedings emanating there
from are quashed.

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

OCTOBER 11, 2018 SANJEEV SACHDEVA, J
‘rs’

CRL.M.C. 5227/2018 Page 3 of 3

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