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Sh. Manoj Yadav & Ors. vs State (Govt. N.C.T. Of Delhi) & … on 29 August, 2018

$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 29.08.2018

+ CRL.M.C. 4378/2018
SH. MANOJ YADAV ORS ….. Petitioners

versus

STATE (GOVT. N.C.T. OF DELHI) ANR. ….. Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Manish Bhadauria with Ms.
Priyanka Bhadauria, Advocates.

For the Respondents: Mr. Sanjeev Sabharwal, APP for the
State.
Mr. Devinder Kumar Sharma,
Advocate for R-2 with R-2 in person.
SI Deepak, PS Samaipur Badli.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

29.08.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl.M.A.30933/2018 (exemption)

Exemption is allowed subject to all just exceptions.
CRL.M.C. 4378/2018

1. The petitioners seek quashing of FIR No.630/2015 under
Sections 498A/406/34 IPC read with Section 4 Dowry Prohibition
Act, Police Station Samaipur Badli.

CRL.M.C. 4378/2018 Page 1 of 3

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.

3. Learned counsel for the petitioners submits that the parties have
settled their disputes before the Counselling Cell, North District,
Rohini on 16.02.2018. The parties have already been divorced by
way of a decree of divorce by mutual consent, passed on 18.04.2018.

4. The respondent No.2 was to be paid a total sum of
Rs.5,00,000/- in full and final settlement of all her claims. A sum of
Rs.1,00,000/- has already been paid. The balance sum of
Rs.4,00,000/- has been paid to the respondent No.2 by way of the
following Demand Drafts:-

(i) Demand Draft No.449287 dated 20.08.2018 drawn on
Punjab National Bank for Rs.2,50,000/- and

(ii) Demand Draft No.449288 dated 20.08.2018 drawn on
Punjab National Bank 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

CRL.M.C. 4378/2018 Page 2 of 3
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 18.04.2018, 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.

7. In view of the above, the petition is allowed. FIR No.630/2015
under Sections 498A/406/34 IPC read with Section 4 Dowry
Prohibition Act, Police Station Samaipur Badli and the consequent
proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J
AUGUST 29, 2018
st

CRL.M.C. 4378/2018 Page 3 of 3

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