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Shailender Singh & Anr vs The State & Anr on 11 October, 2018

$~83
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on:11.10.2018

+ CRL.M.C. 5222/2018
SHAILENDER SINGH ANR ….. Petitioners
versus

THE STATE ANR ….. Respondents
Advocates who appeared in this case:

For the Petitioner : Mr. S.R. Gupta, Adv.

For the Respondents : Mr. Sanjeev Sabharwal, Addl. PP for the State with
SI Vijay Kumar
Ms. Nirmal Chawla, Adv. for R-2 with R-2 in
person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

11.10.2018
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek quashing of FIR No. 304 of 2005 under
Sections 498A/406/34 of the IPC registered at Police Station Farsh
Bazar, Delhi, based on a settlement.

2. Subject FIR emanates out of matrimonial discord.

3. Learned counsel for the petitioners submits that parties have
settled their disputes and settlement dated 03.07.2017 has been arrived

CRL.M.C. 5222/2018 Page 1 of 3
at between the parties before Delhi Mediation Centre, Karkardooma
Courts, Delhi. The marriage between petitioner no. 1 and respondent
no. 2 has been dissolved by way of decree of divorce by mutual
consent dated 24.05.2018.

4. As per the settlement, a total sum of Rs. 8,50,000/- has been
agreed to be paid by the petitioners to respondent no. 2 in full and
final settlement of all the claims of respondent no. 2. A sum of Rs. 7
lakhs has already been paid and the balance sum of Rs. 1,50,000/- is
being paid today by way of DD/Bankers Cheque No. 566473 dated
19.07.2018 issued by Dhanlaxmi Bank Ltd. to respondent no. 2,
today in Court.

5. As per the settlement, the minor daughters shall remain in
permanent custody of respondent no.2. The petitioners who are
present in person undertake that they shall not claim any right
contrary to the settlement terms. The undertaking is accepted.

6. 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.

7. 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. 5222/2018 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, passed on
24.05.2018, 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.

8. In view of the above, the petition is allowed. FIR No. 304 of
2005 under Sections 498A/406/34 of the IPC registered at Police
Station Farsh Bazar, Delhi, and the consequent proceedings
emanating there from are quashed.

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

OCTOBER 11, 2018 SANJEEV SACHDEVA, J
‘rs’

CRL.M.C. 5222/2018 Page 3 of 3

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