SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Ram Swaroop Ghildiyal & Ors. vs State & Anr. on 9 July, 2018

$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 09.07.2018

+ CRL.M.C. 3351/2018
RAM SWAROOP GHILDIYAL ORS. ….. Petitioners
versus

STATE ANR ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Vivek Sharma, Advs for petitioner Nos.1 to 3.

For the Respondent: Mr.Panna Lal Sharma, Addl. PP for the State with
ASI Balwant, P.S.CWC, Nanakpura.
Mr.Sachin Sharma, Adv. for respondent No.2
with Respondent No. 2 in person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

09.07.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No. 173 of 2009 under
Sections 498A/406/34 of the IPC at Police Station CAW Cell, Nanak
Pura, New Delhi, based on a settlement. It is contended that the FIR
was lodged consequent to a matrimonial discord.

2. Learned counsel for the petitioners submits that Sh.Parvesh
Ghildiyal was discharged by the trial court.

CRL.M.C. 3351/2018 Page 1 of 3

3. Learned counsels for the parties submit that parties have settled
their disputes and have amicably dissolved their marriage by mutual
consent and decree of divorce dated 06.02.2018 has been passed. It is
further submitted on behalf of the parties that parties had entered into
the settlement before the Mediation Centre, Dwarka, New Delhi on
17.05.2017.

4. As per the settlement, a total sum of Rs. 6,00,000/- was agreed
to be paid to respondent no. 2. The amount of Rs. 5,50,000/- has
already been paid to respondent no. 2. The balance amount of
Rs.50,000/- has been received by way of Demand Draft No.000579
dated 26.03.2018 drawn on Axis Bank which is accepted by
respondent No.2.

5. Respondent no. 2 who is present in court in person, is
represented by the counsel and identified by the IO. She confirms that
she has received the entire sum of Rs. 6,00,000/- from the petitioners.
Respondent no. 2 submits that she has settled the dispute 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. 3351/2018 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. 173 of
2009 under Sections 498A/406/34 of the IPC at Police Station CAW
Cell, Nanak Pura, New Delhi, and the consequent proceedings there
from are, accordingly quashed.

8. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
JULY 09, 2018
rk

CRL.M.C. 3351/2018 Page 3 of 3

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please to read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registrationJOIN WELCOME GROUP HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307,312, 313,323 376, 377, 406, 420, 506, 509; and also TEP, RTI etc

Web Design BangladeshWeb Design BangladeshMymensingh