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Sanjay Kumar & Ors. vs Govt. Of Nct & Anr. on 31 August, 2018

$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 31.08.2018

+ CRL.M.C. 4378/2014
SANJAY KUMAR ORS. ….. Petitioners
versus

GOVT. OF NCT ANR. ….. Respondents
Advocates who appeared in this case:

For the Petitioners : Mr. Gopal Sharma and Ms. Tanya Bhatia,
Advocates with petitioners in person.

For the Respondents: Mr. Kamal Kr. Ghai, APP for the
State with SI Sanjeev Kumar
Mr. R.P.S. Bhatti, Adv. for R-2 with R-2 in person.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

31.08.2018

SANJEEV SACHDEVA, J. (ORAL)

1. The petitioners seek quashing of FIR No. 524/2004 under Sections
498A/406/34 IPC registered at Police Station Vivek Vihar, Delhi. The
subject FIR emanates out of matrimonial discord.

2. Learned counsel for the petitioners submits that the parties have
settled their disputes before Delhi Mediation Centre, Karkardooma Courts,
Delhi and Settlement dated 24.08.2013 has been entered between the
parties. The parties have already been divorced by way of decree of

CRL.M.C. 4378/2014 Page 1 of 2
divorce, passed on 07.10.2010.

3. 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.

4. 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, passed on 07.10.2010, 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.

5. In view of the above, the petition is allowed. FIR No. 524/2004
under Sections 498A/406/34 IPC registered at Police Station Vivek Vihar,
Delhi and the consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J
AUGUST 31, 2018/’rs’

CRL.M.C. 4378/2014 Page 2 of 2

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