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Sanjeev Kumar Bhambra & Ors vs State (Nct Of Delhi) & Anr on 28 August, 2018

$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 28.08.2018

+ CRL.M.C. 4368/2018
SANJEEV KUMAR BHAMBRA ORS ….. Petitioners
versus

STATE (NCT OF DELHI) ANR ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. R.K. Sharma, Adv.

For the Respondent: Ms. Neelam Sharma, Addl. PP for the State
with SI Saurabh.
Mr. K.S. Sharma, Adv. for R-2 with R-2 in
person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

28.08.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 30901/2018(exemption)
Allowed, subject to all just exceptions.

CRL.M.C. 4368/2018

1. The petitioners seek quashing of FIR No. 357 of 2017 under
Sections 498A/406/34 of the IPC registered at Police Station Govind
Puri, New Delhi, based on a settlement. It is contended that the FIR

CRL.M.C. 4368/2018 Page 1 of 3
was lodged consequent to a matrimonial discord.

2. Learned counsels for the parties submit that the parties have
settled their disputes and settlement dated 29.05.2018 has been
executed between the parties.

3. As per the settlement, a total sum of Rs. 8 lakhs has been
agreed to be paid to respondent no. 2. A sum of Rs. 7 lakhs has
already been paid to respondent no. 2 and the balance sum of Rs. One
lakhs has been paid by way of Manager’s Cheque No. 009474 dated
27.08.2018 issued by HDFC Bank, to respondent no. 2 today in Court.

4. The parties have already been divorced by way of a decree of
divorce by mutual consent, passed on 18.07.2018.

5. Respondent no. 2 who is present in court in person, represented
by her counsel is identified by the Investigating Officer. She submits
that she has settled the dispute with the petitioners and is agreeable to
the settlement and does not wish to press the criminal charges against
the petitioners any further.

6. In view of the fact that the disputes between the petitioners and
respondent no. 2 emanate out of a matrimonial discord and have been
settled, 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

CRL.M.C. 4368/2018 Page 2 of 3
quash the subject FIR and the consequent proceedings emanating
therefrom.

7. In view of the above, the petition is allowed. FIR No. 357 of
2017 under Sections 498A/406/34 of the IPC registered at Police
Station Govind Puri, New Delhi and the consequent proceedings
therefrom are, accordingly quashed.

8. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
AUGUST 28, 2018
‘rs’

CRL.M.C. 4368/2018 Page 3 of 3

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