$~81
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:11.10.2018
+ CRL.M.C. 5218/2018
RAVNEET SINGH LAMBA ORS ….. Petitioners
versus
STATE ANR ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Ajit Singh Arora, Adv.
For the Respondents : Mr. Kewal Singh Ahuja, Addl. PP for the State with
SI Baljit Singh.
Mr. Ajit Singh and Ms. Juhi Jha, Advs. for R-2 with
R-2 in person.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
11.10.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 34088/2018 (Exemption)
Allowed, subject to all just exceptions.
CRL.M.C. 5218/2018
1. Petitioners seek quashing of FIR No. 103 of 2016 under
Sections 498A/406/34 IPC registered at Police Station Mianwali
Nagar, Delhi, based on a settlement.
CRL.M.C. 5218/2018 Page 1 of 3
2. Subject FIR emanates out of matrimonial discord.
3. Learned counsel for the petitioners submits that parties have
settled their disputes and settlement agreement/Memo of
Understanding dated 20.04.2018 has been executed between the
parties. Copy of the same has been produced. The same is taken on
record. Parties have amicably dissolved their marriage by mutual
consent and decree of divorce dated 08.06.2018 has been passed.
4. As per the settlement, a total sum of Rs. 5 lakhs has been
agreed to be paid by the petitioners to respondent no. 2 in full and
final settlement of all the claims of respondent no. 2. The entire sum
of Rs. 5 lakhs has already been paid to respondent no. 2, who
confirms the receipt of the same.
5. The respondent No.2 is present in person, represented by her
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. Both the parties are present in person and submit that they shall
abide by the terms of settlement.
7. 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
CRL.M.C. 5218/2018 Page 2 of 3
press the complaint any further and the fact that the parties have
already been divorced by way of a decree of divorce, passed on
08.06.2018, 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.
8. In view of the above, the petition is allowed. FIR No. 103 of
2016 under Sections 498A/406/34 IPC registered at Police Station
Mianwali Nagar, Delhi and the consequent proceedings emanating
there from are quashed.
9. Order Dasti under the signatures of the Court Master.
OCTOBER 11, 2018 SANJEEV SACHDEVA, J
‘rs’
CRL.M.C. 5218/2018 Page 3 of 3