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Praveen John vs State & Anr. on 13 July, 2018


% Judgment delivered on: 13.07.2018
+ CRL.M.C. 3026/2018
PRAVEEN JOHN ….. Petitioner

STATE ANR. ….. Respondents

Advocates who appeared in this case:
For the Petitioner : Mr. Manu Parashar, Advocate.

For the Respondents: Mr. Raghuvinder Verma, APP for the
ASI Yag Dutt, PS KNK Marg.
Mr. Sumeet Anand, Advocate for R-2.




Crl.M.A.12475/2018 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 3026/2018 Crl.M.A.12474/2018 (for amendment of
the petition)

1. On the oral prayer of the petitioner, the mother-in-law of the
complainant is added as a petitioner. Amended memo of parties and

CRL.M.C. 3026/2018 Page 1 of 4
amended petition are taken on record.

2. The petitioners seek quashing of FIR No.1188/2014 under
Sections 498A/406/34 IPC, Police Station K.N. Katju Marg.

3. The 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.

4. Learned counsel for the petitioner submits that the parties have
settled their disputes and a Memorandum of Settlement dated
09.02.2017 has been executed between the parties. Parties inform that
the parties have already initiated steps for taking divorce under
Section 10A of the Divorce Act and the First Motion Petition already
stands allowed. The parties undertake that they shall be duly applying
for Second Motion for grant of divorce.

5. Respondent No.2 was to be paid a total sum of Rs.6,50,000/-,
besides some articles and LIC certificates, in full and final settlement
of all her claims. A sum of Rs.2,00,000/- has already been paid at the
time of the First Motion. A sum of Rs.2,00,000/- has been paid to the
respondent No.2 by way of Pay Order No.155213 dated 05.05.2018
drawn on State Bank of India. A gold ring has also been handed over
to the respondent No.2 in Court today.

6. Petitioner, who appears in person, undertakes that the balance
sum of Rs.2,50,000/- as well as LIC documents shall be handed over

CRL.M.C. 3026/2018 Page 2 of 4
to the respondent No.2 at the time of the Second Motion.

7. Learned counsel for the parties inform that that a Scooty, which
was to be handed over to the respondent No.2, is lying a parking lot at
the earlier residential address of the petitioner No.1 in Bangalore.

8. Respondent No.2 submits that as per her information, the
Scooty has been attached by the State Bank of India and she shall be
approaching the State Bank of India for release of the Scooty. The
petitioner, submits that the Scooty was not hypothecated or attached
by the Bank. However, he has no objection to the respondent No.2
going and collecting the Scooty and approaching the Bank for release
of the Scooty. He undertakes to provide any documentation or ‘no
objection’ to respondent No.2, for the said purpose, if required. The
undertaking is accepted.

9. Respondent No.2 is present in person, represented by counsel
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 and prosecute the complaint any

10. 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, continuation of criminal proceedings

CRL.M.C. 3026/2018 Page 3 of 4
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 there from.

11. In view of the above, the petition is allowed. FIR
No.1188/2014 under Sections 498A/406/34 IPC, Police Station K.N.
Katju Marg and the consequent proceedings emanating there from are

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

JULY 13, 2018

CRL.M.C. 3026/2018 Page 4 of 4

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