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Sandeep & Ors. vs State (Govt. Of Nct Delhi) & Anr. on 21 August, 2018

$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4224/2018

SANDEEP ORS ….. Petitioners

versus
STATE (GOVT OF NCT DELHI) ANR ….. Respondents

Advocates who appeared in this case:

For the Petitioner : Mr. Tushar Sinha Mr. Amit Kumar, Advocates

For the Respondent: Mr. Kamal Kumar Ghai, APP with SI Leela Ram,
PS Jaffarpur Kalan.

CORAM:
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
% 21.08.2018

SANJEEV SACHDEVA, J. (ORAL)

CRL.M.A. 30399/2018

Exemption allowed, subject to all just exceptions.
The application stands disposed off.

CRL.M.C. 4224/2018

1. The petitioners seek quashing of FIR No. 103/2016 under
Sections 498A/406/34 IPC, Police Station Jaffarpur Kalan.

2. The subject FIR emanates out of matrimonial discord.
Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2
and 3 are the father-in-law and mother-in-law of the respondent No.2.

CRL.M.C. 4224/2018 Page 1 of 3

3. Learned counsel for the petitioners submits that the parties have
settled their disputes and the terms of settlement were recorded before
the Family Court, Dwarka on 01.02.2017. The parties have already
been divorced by way of a decree of divorce by mutual consent,
passed on 06.02.2017.

4. Respondent No.2 was to be paid a total sum of Rs.2,00,000/- in
full and final settlement of all her claims. The same has already been
paid.

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
press the complaint any further and the fact that the parties have
already been divorced by way of a decree of divorce by mutual
consent, passed on 06.02.2017, 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.

CRL.M.C. 4224/2018 Page 2 of 3

7. In view of the above, FIR No.103/2016 under Sections
498A/406/34 IPC, Police Station Jaffarpur Kalan and the consequent
proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J.

AUGUST 21, 2018
rd

CRL.M.C. 4224/2018 Page 3 of 3

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