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Nitin Ranjan & Ors. vs State & Anr. on 16 October, 2018

$~48

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 16.10.2018

+ CRL.M.C. 5343/2018
NITIN RANJAN ORS. ….. Petitioners
versus

STATE ANR. ….. Respondents

Advocates who appeared in this case:

For the Petitioners : Ms. Trisha Mittal, Adv. along with petitioners

For the Respondents: Mr. Sanjeev Sabharwal, Addl. PP for the State with SI
Asha Singh
Ms. Aparajita Sinha, R-2 in person.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

16.10.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 34538/2018 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 5343/2018 Crl. M.A. 34537/2018 (stay)

1. Petitioners seek quashing of FIR No. 460 of 2015 under Sections
498A/
406/34 IPC registered at Police Station Kirti Nagar, Delhi, based on
a settlement.

CRL.M.C. 5343/2018 Page 1 of 3

2. Learned counsel for the petitioners submits that the petitioner no. 1
4 being residents of America could not be personally present. They have
filed the petition through their special power of attorney. Petitioner no. 2 is
present who is father of petitioner no. 1 and 4, learned counsel for
petitioners prays for their exemption from personal appearance.

3. The special power of attorney has been placed on record. Petitioner
no. 2 has filed an affidavit on behalf of petitioner no. 1 and 4 based on
power of attorney. In view of the same, petitioner no. 1 and 4 are granted
exemption from personal appearance.

4. Subject FIR emanates out of matrimonial discord.

5. Learned counsel for the petitioners submits that parties have settled
their disputes and settlement deed dated 05.05.2017 has been executed
between the parties. Parties have amicably dissolved their marriage by
mutual consent and decree of divorce dated 18.09.2018 has been passed.

6. As per the settlement, a total sum of Rs. 4.70 crores 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. Entire sum of Rs. 4.70
crores has already been paid to respondent no. 2. Respondent no. 2
acknowledges the receipt of the same.

7. 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

CRL.M.C. 5343/2018 Page 2 of 3
and prosecute the complaint any further.

8. In view of the fact that the proceedings emanate out of a
matrimonial discord and parties have fully and finally settled their 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 18.09.2018,
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.

9. In view of the above, the petition is allowed. FIR No. 460 of 2015
under
Sections 498A/406/34 IPC registered at Police Station Kirti Nagar,
Delhi and the consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J
OCTOBER 16, 2018
‘rs’

CRL.M.C. 5343/2018 Page 3 of 3

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