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Piyush Pincha & Ors. vs State & Anr. on 24 September, 2018


% Judgment delivered on: 24.09.2018

+ CRL.M.C. 4867/2018
PIYUSH PINCHA ORS ….. Petitioners

STATE ANR ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Bahar U. Barqi, Adv.

For the Respondent: Mr. Hirein Sharma, Addl. PP for the State
with SI Sunil Kumar
Mr. Ajay Jain and Ms. Aastha Chopa, Advs. for R-2
with R-2 in person.




1. Petitioners seek quashing of FIR No. 258 of 2015 under
Sections 498A/406/34 of the IPC registered at Police Station South
Rohini, Delhi, based on a settlement. It is contended that the FIR was
lodged consequent to a matrimonial discord.

2. Learned counsel for the parties submit that the parties have
entered into a settlement on19.04.2018. The parties have already been

CRL.M.C. 4867/2018 Page 1 of 3
divorced by way of a decree of divorce, passed on 20.08.2018.

3. As per the settlement, a sum of Rs. 8.50 lakhs was agreed to be
paid. A sum of Rs. 2 lakhs has already been paid. Bank draft/pay
order No. 238513 dated 19.09.2018 for a sum of Rs. 2,50,000/- issued
by Punjab National Bank has been handed over and for the balance;
fixed deposit receipt in the sum of Rs. 4 lakhs in favour of the minor
son through respondent no. 2 as guardian has been given to
respondent no. 2 who is present in Court in person.

4. As per the settlement, the permanent custody of minor son shall
remain with respondent No.2. The petitioner who is present in Court
undertakes that he shall not claim any rights contrary to the settlement
terms. The undertaking is accepted.

5. Respondent no. 2 is present in court in person, represented by
counsel and is identified by the IO. Respondent no. 2 submits that she
has settled the disputes 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

CRL.M.C. 4867/2018 Page 2 of 3
justice being the ultimate guiding factor. It would be expedient to
quash the subject FIR and the consequent proceedings emanating
there from.

7. In view of the above, the petition is allowed. FIR No. 258 of
2015 under Sections 498A/406/34 of the IPC registered at Police
Station South Rohini, Delhi, and the consequent proceedings
emanating there from are, accordingly quashed.

8. Order Dasti under signatures of the Court Master.

SEPTEMBER 24, 2018

CRL.M.C. 4867/2018 Page 3 of 3

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