$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 31.08.2018
+ CRL.M.C. 4412/2018
SHRI RISHI JAIN ORS. ….. Petitioners
versus
STATE ANR. ….. Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Nagender Yadav, Advocate with
petitioners in person.
For the Respondents: Mr. Hirein Sharma, APP for the State.
SI Sita Ram, PS Rani Bagh.
Mr. Kanwar Kochhar, Advocate for
respondent No.2 with respondent No.2 in person.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
31.08.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.31077/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4412/2018
1. The petitioners seek quashing of FIR No.706/2015 under
Sections 498A/406/34 IPC, Police Station Rani Bagh, based on a
settlement.
CRL.M.C. 4412/2018 Page 1 of 3
2. The subject FIR emanates out of matrimonial discord.
Petitioner No.1 is the husband of respondent No.2. Petitioner No.2 is
the mother-in-law of the respondent No.2. Petitioner No.3 is the
brother-in-law of the respondent No.2. Petitioner No.4 is the wife of
the petitioner No.3.
3. Learned counsel for the petitioners submits that the parties have
settled their disputes through the process of mediation held before
Delhi Mediation Centre, Rohini Courts on 04.12.2017. The parties
have already been divorced by way of a decree of divorce by mutual
consent, passed on 04.04.2018.
4. The respondent No.2 was to be paid a total sum of
Rs.9,00,000/- in full and final settlement of all her claims. A sum of
Rs.6,00,000/- has already been paid. The balance sum of
Rs.3,00,000/- has been paid to the respondent No.2 by way of
Demand Draft No.025737 dated 30.08.2018 drawn on IDBI Bank.
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. 4412/2018 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 04.04.2018, 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.706/2015
under Sections 498A/406/34 IPC, Police Station Rani Bagh and the
consequent proceedings emanating there from are quashed.
8. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
AUGUST 31, 2018
st
CRL.M.C. 4412/2018 Page 3 of 3
