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Pradeep Kashyap vs State & Anr. on 27 August, 2018

% Judgment delivered on: 27.08.2018

+ CRL.M.C. 4291/2018
PRADEEP KASHYAP ….. Petitioner


STATE ANR. ….. Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Om Prakash, Advocate with
petitioners in person.

For the Respondents: Mr. Sanjeev Sabharwal, APP for the
SI Sanjeev Kumar, PS Marya Nagar.




1. The petitioner seeks quashing of FIR No.87/2015 under
Sections 498A/406/34 IPC, Police Station Maurya Enclave.

2. The subject FIR emanates out of matrimonial discord.
Petitioner is the husband of respondent No.2.

3. Learned counsel for the petitioner submits that the disputes
between the parties have been settled and the terms of settlement have

CRL.M.C. 4291/2018 Page 1 of 3
been mentioned in paragraph 6 of the petition. The parties have
already been divorced by way of a decree of divorce by mutual
consent, passed on 18.01.2017.

4. As per the settlement, the respondent No.2 was to be paid a
total sum of Rs.2,20,000/- in full and final settlement of all her claims.
A sum of Rs.1,40,000/- has already been paid. The balance sum of
Rs.80,000/- has been paid to the respondent No.2 in Court today by
way of Demand Draft No.498035 dated 18.07.2018 drawn on
Syndicate Bank.

5. The respondent No.2 is present in person and is identified by
the Investigating Officer. She submits that she has settled her disputes
with the petitioner and does not wish to press charges against the
petitioner 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 by mutual
consent, passed on 18.01.2017, 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

CRL.M.C. 4291/2018 Page 2 of 3
emanating therefrom.

7. In view of the above, the petition is allowed. FIR No.87/2015
under Sections 498A/406/34 IPC, Police Station Maurya Enclave and
the consequent proceedings emanating there from are quashed.

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

AUGUST 27, 2018

CRL.M.C. 4291/2018 Page 3 of 3

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