SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Saleem & Ors. vs State (Govt. Of Nct Of Delhi) & Anr. on 30 August, 2018

$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 30.08.2018

+ CRL.M.C. 4396/2018
SALEEM ORS ….. Petitioners

versus

STATE (GOVT OF NCT OF DELHI) ANR….. Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Harender Kumar, Adv.

For the Respondent: Mr. Panna Lal Sharma, APP for the
State with ASI Surinder Dutt, P.S.Hari Nagar.
Mr. Siddharth Narang, Advocate for
respondent No.2.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

30.08.2018

SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.31006/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL. M.C. 4396/2018

1. The petitioners seek quashing of FIR No.208/2017 under
Sections 498A/406/34 IPC, Police Station Hari Nagar.

2. The subject FIR emanates out of matrimonial discord.

CRL.M.C. 4396/2018 Page 1 of 3

3. Learned counsel for the petitioners submits that the disputes
between the parties have been settled before the Delhi Mediation
Centre, Tis Hazari Court dated 05.12.2017. The parties have already
divorced on 23.07.2018 as per Muslim Law.

4. The respondent No.2 was to be paid a total sum of
Rs.9,50,000/- 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.4,50,000/- has been paid to the respondent No.2 by way of
following Demand Drafts:-

(i) Demand Draft No.622467 dated 30.07.2018 for
Rs.1,50,000/-;

(ii) Demand Draft No.622468 dated 30.07.2018 for
Rs.1,50,000/- and

(iii) Demand Draft No.622469 dated 30.07.2018 for
Rs.1,50,000/-.

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

CRL.M.C. 4396/2018 Page 2 of 3
press the complaint any further and the fact that the parties had
already divorced on 23.07.2018 as per Muslim Law, 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.

7. In view of the above, the petition is allowed. FIR No.208/2017
under Sections 498A/406/34 IPC, Police Station Hari Nagar and the
consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J
AUGUST 30, 2018
rk

CRL.M.C. 4396/2018 Page 3 of 3

Leave a Reply

Your email address will not be published.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

Copyright © 2020 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