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Nitin Sofat & Anr. vs The State ( Govt. Of Nct Delhi) & … on 10 August, 2018

$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10.08.2018

+ CRL.M.C. 4036/2018
NITIN SOFAT ANR ….. Petitioners
versus

THE STATE ( GOVT OF NCT DELHI) ANR …. Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Sandeep with Mr. Rajesh Khari,
Advocates.

For the Respondent: Ms. Neelam Sharma, APP for the State.
Mr. Pradeep Kataria, Advocate for R-2
with R-2 in person.
SI Satvinder, PS Kalkaji.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

10.08.2018
SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.29742/2018 (exemption)

Exemption is allowed subject to all just exceptions.
CRL.M.C. 4036/2018

1. The petitioners seek quashing of FIR No.923/2014 under
Sections 406/498A/34 IPC, Police Station Kalkaji.

CRL.M.C. 4036/2018 Page 1 of 3

2. Subject FIR emanates out of matrimonial discord. Petitioner
No.1 is the husband of respondent No.2. Petitioner No.2 is the
mother-in-law of the respondent No.2.

3. Learned counsel for the petitioners submits that the parties have
settled their disputes through the process of mediation held before
Mediation Centre, Saket Courts on 25.05.2017. The parties have
already been divorced by way of a decree of divorce by mutual
consent, passed on 17.04.2018.

4. The respondent No.2 was to be paid a total sum of
Rs.3,85,000/- in full and final settlement of all her claims. A sum of
Rs.2,60,000/- has already been paid. The balance sum of
Rs.1,25,000/- has been paid to the respondent No.2 in cash today
outside the Court.

5. Respondent No.2 is present in person, represented by counsel
and is identified by the Investigating Officer. She confirms that she
has received the entire amount. 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

CRL.M.C. 4036/2018 Page 2 of 3
already been divorced by way of a decree of divorce by mutual
consent, passed on 17.04.2018, 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.

7. In view of the above the petition is allowed, FIR No.923/2014
under Sections 406/498A/34 IPC, Police Station Kalkaji and the
consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J
AUGUST 10, 2018
st

CRL.M.C. 4036/2018 Page 3 of 3

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