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Rahul & Ors. vs State ( Nct Of Delhi) & Anr. on 12 July, 2018

$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 12.07.2018
+ CRL.M.C. 3423/2018

RAHUL ORS ….. Petitioners
versus

STATE ( NCT OF DELHI) ANR ….. Respondents
.
Advocates who appeared in this case:
For the Petitioner : Mr. G.D. Chopra, Advocate.

For the Respondent: Mr. Panna Lal Sharma, APP for the
State.
SI Ompal Singh, PS Khajuri Khas.
Mr. Pratap Shanker, Advocate for R-2
with R-2 in person
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

12.07.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No.1208/2014 under
Sections 377/323/506/509/342/498A/34 IPC, Police Station Khajuri
Khas.

2. The subject FIR emanates out of matrimonial discord. Petitioner
No.1 is the husband of respondent No.2. Petitioner Nos.2 and 3 are the
father-in-law and mother-in-law of the respondent No.2.

CRL.M.C. 3423/2018 Page 1 of 3

3. Learned counsel for the petitioner submits that the parties have
settled their disputes before the Counselling Cell, Family Court,
Karkardooma on 03.04.2018. The parties have already been divorced by
way of a decree of divorce by mutual consent, passed on 10.05.2018.

4. Respondent No.2 was to be paid a total sum of Rs.8,00,000/- in
full and final settlement of all her claims. A sum of Rs.4,50,000/- has
already been paid. The balance sum of Rs.3,50,000/- has been paid to
the respondent No.2 by way of Demand Draft No.658487 dated
11.07.2018 drawn on Allahabad Bank.

5. The 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 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 10.05.2018, 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.

CRL.M.C. 3423/2018 Page 2 of 3

7. In view of the above, FIR No.1208/2014 under Sections
377/
323/506/509/342/498A/34 IPC, Police Station Khajuri Khas and the
consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J
JULY 12, 2018
st

CRL.M.C. 3423/2018 Page 3 of 3

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