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Nikunj Thapar & Others vs State And Another on 13 August, 2018


% Judgment delivered on: 13.08.2018
+ CRL.M.C. 4075/2018

STATE AND ANOTHER ….. Respondents

Advocates who appeared in this case:

For the Petitioner : Mr. Aditya Kapoor, Adv. along with petitioner no. 1
in person.
Mr. S.K. Gandhi Mr. Shubhit Sharma, Advs. for
P-2 to 4.

For the Respondent: Mr. Raghuvinder Verma, Addl. PP for the State
with SI Arti Singh
Mr. Sabreena Bashir and Mr. M. Qayam Ud-din,
Advs. for R-2





Crl. M.A. 29881/2018 (Exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4075/2018

1. The petitioners seek quashing of FIR No. 599 of 2016 under

CRL.M.C. 4075/2018 Page 1 of 3
Sections 498A/406/34 of the IPC registered at Police Station Patel
Nagar, Delhi, based on a settlement. It is contended that the FIR was
lodged consequent to a matrimonial discord.

2. Learned counsels for the parties submit that the parties have
settled their disputes and the settlement before Delhi Mediation
Centre, Tis Hazari Courts, Delhi on 27.01.2018 has been executed
between the parties. As per the settlement, a total sum of Rs. 10
lakhs has been agreed to be paid to respondent no. 2. A sum of Rs.
4,00,000/- has already been paid. Further sum of Rs. 3,00,000/- has
been paid to respondent no. 2 today in Court by way of DD No.
466494 dated 09.08.2018 issued by Syndicate Bank.

3. It is submitted that the balance amount of Rs. 3,00,000/- shall
be paid to respondent no. 2 at the time of recording of second motion
mutual divorce. Petitioner who is present in court undertakes that the
said amount shall be paid as agreed. The undertaking is accepted.

4. Respondent no. 2 is to deliver the vacant peaceful possession of
one flat i.e. No. 14, Jupiter Apartments, D-Block, Vikas Puri, New
Delhi. Respondent no. 2 who is present in court undertakes to hand
over the vacant peaceful possession by handing over the keys of the
flat to petitioner at the time of recording of second motion mutual
divorce. The undertaking is accepted.

5. Respondent no. 2 who is present in court in person, represented

CRL.M.C. 4075/2018 Page 2 of 3
by her counsel and is identified by the Investigating Officer submits
that she has settled the dispute 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
quash the subject FIR and the consequent proceedings emanating

7. In view of the above, the petition is allowed. FIR No. 599 of
2016 under Sections 498A/406/34 of the IPC registered at Police
Station Patel Nagar, Delhi and the consequent proceedings therefrom
are, accordingly quashed.

8. Order Dasti under signatures of the Court Master.

AUGUST 13, 2018

CRL.M.C. 4075/2018 Page 3 of 3

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