* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 16.07.2018
+ CRL.M.C. 3467/2018
RAHUL SURA BAL @ KAKE ORS ….. Petitioners
THE STATE ( GOVT OF NCT OF DELHI) ANR…..
Advocates who appeared in this case:
For the Petitioner : Mr. Kunwarpal Singh, Adv
For the Respondent: Mr. Kamal Kr.Ghai, Addl. PP for the State with SI
Ombir Singh, P.S.Welcome.
Mr.Ravi Prakash, Adv. with respondent No. 2 in
HON’BLE MR JUSTICE SANJEEV SACHDEVA
SANJEEV SACHDEVA, J. (ORAL)
Exemption is allowed subject to all just exceptions.
1. Petitioners seek quashing of FIR No. 40 of 2017 under
Sections 498A/406/34 of the IPC read with Section 4 of the Dowry
Prohibition Act at Police Station: Welcome, Delhi, based on a
CRL.M.C. 3467/2018 Page 1 of 3
settlement. It is contended that the FIR was lodged consequent to a
2. Learned counsels for the parties submit that the parties have
settled their disputes and have amicably dissolved their marriage by
mutual consent and decree of divorce dated 09.02.2018 has been
passed. It is further submitted on behalf of the parties that parties had
entered into the settlement before the Delhi Mediation Centre,
Karkardooma Courts, New Delhi on 23.02.2017.
3. As per the settlement, a total sum of Rs. 4,00,000/- was agreed
to be paid to respondent no. 2. The amount of Rs. 3,00,000/- has
already been paid to respondent no. 2. The balance amount of
Rs.1,00,000/- has been paid by way of Demand Draft No.624356
dated 27.06.2018 drawn on Bank of India.
4. Respondent no. 2 who is present in court in person and is
identified by the Investigating Officer confirms that she has received
the entire sum of Rs. 4,00,000/- from the petitioners. 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.
5. 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
CRL.M.C. 3467/2018 Page 2 of 3
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
6. In view of the above, the petition is allowed. FIR No. 40 of
2017 under Sections 498A/406/34 of the IPC at Police Station
Welcome, Delhi and the consequent proceedings there from are,
7. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
JULY 16, 2018
CRL.M.C. 3467/2018 Page 3 of 3