SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Raman Khanna vs State (Nct Of Delhi) on 18 December, 2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: December 18, 2018
+ Crl.M.C. 6039/2018

RAMAN KHANNA ….. Petitioner
Through: Mr. Narender Kumar, Advocate

Versus

STATE (NCT OF DELHI) ….. Respondent
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor for respondent-
State with SI Ramesh Kumar
Respondent No.2 in person
CORAM:
HON’BLE MR. JUSTICE SUNIL GAUR
ORDER

(ORAL)

1. Quashing of FIR No. 755/2016, under Sections 498A/406 IPC,
registered at police station Sultanpuri, Delhi is sought by petitioner on the
basis of Memorandum of Understanding of 26th March, 2018 (Annexure-
B).

2. Upon notice, Mr. Izhar Ahmed, learned Additional Public
Prosecutor for respondent-State submits that respondent No.2, present in
the Court, is the complainant/first-informant of the FIR in question and
she has been identified to be so, by SI Ramesh Kumar.

3. Counsel for petitioner submits that the dispute between the parties
is a matrimonial dispute, which has been amicably resolved in terms of
Memorandum of Understanding of 26th March, 2018 (Annexure-B).

4. Respondent No.2, present in the Court, submits that the terms of
CRL.M.C.6039/2018 Page 1 of 3
settlement have been fully acted upon, as today she has received the
balance settled amount of ₹1,00,000/- by way of demand draft bearing
No.202878, dated 8th October, 2018, drawn on Karnataka Bank Ltd.,
Branch Rohini, Delhi and that divorce by mutual consent has been
already granted by the family court on 17th August, 2018. Respondent
No.2 affirms the contents of her affidavit of 20th November, 2018
supporting this petition and submits that now no dispute with petitioner
survives and so, the proceedings arising out of the FIR in question be
brought to an end.

5. In „Gian Singh Vs State of Punjab‟ (2012) 10 SCC 303, Supreme
Court has recognized the need of amicable resolution of disputes in cases
like the instant one, by observing as under:-

“Resolution of a dispute by way of a compromise
between two warring groups, therefore, should attract the
immediate and prompt attention of a court which should
endeavour to give full effect to the same unless such
compromise is abhorrent to lawful composition of the
society or would promote savagery.

Where the High Court quashes a criminal proceeding
having regard to the fact that the dispute between the
offender and the victim has been settled although the
offences are not compoundable, it does so as in its
opinion, 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.”

6. Since the subject matter of this FIR is essentially matrimonial,
which now stands mutually and amicably settled between parties,
therefore, continuance of proceedings arising out of the FIR in question
CRL.M.C.6039/2018 Page 2 of 3
would be an exercise in futility.

7. Accordingly, FIR No.755/2016, under Sections 498A/406 IPC,
registered at police station Sultanpuri, Delhi and the proceedings
emanating therefrom are quashed subject to petitioner depositing cost of
₹25,000/- with Prime Minister‟s National Relief Fund within four weeks
from today. The receipt of deposit of cost be placed on record within two
weeks thereafter.

8. With aforesaid directions, this petition is accordingly disposed of.

(SUNIL GAUR)
JUDGE
DECEMBER 18, 2018
r

CRL.M.C.6039/2018 Page 3 of 3

Leave a Reply

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


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 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 read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation