SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Subhankar Kumar vs State (Nct Of Delhi) & Anr. on 18 July, 2018

$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 18.07.2018

+ CRL.M.C. 3508/2018
SUBHANKAR KUMAR ….. Petitioner

STATE (NCT OF DELHI) ANR ….. Respondents

Advocates who appeared in this case:
For the Petitioner : Mr. B.K. Pandey, Advocate.

For the Respondents: Mr. Raghuvinder Verma, APP for the State.
Ms. Nimisha Agarwal, Advocate for R-2.
SI Mukesh Kumar, PS Binda Pur.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

18.07.2018
SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks quashing of FIR No.347/2016 under
Sections 498A/406/34 IPC, Police Station Binda Pur.

2. The subject FIR emanates out of matrimonial discord.
Petitioner is the husband of respondent No.2.

3. Learned counsel for the petitioner submits that the parties have
settled their disputes before Counselling Cell, Family Courts, Dwarka
District Courts on 05.08.2017. The parties have already been divorced

CRL.M.C. 3508/2018 Page 1 of 3
by way of a decree of divorce by mutual consent, passed on
27.03.2018.

4. The respondent No.2 was to be paid a total sum of
Rs.2,50,000/-. A sum of Rs.2,00,000/- has already been paid. The
balance sum of Rs.50,000/- has been paid to the respondent No.2 by
way of Banker’s Cheque No.757736 dated 07.07.2018 drawn on State
Bank of India.

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 petitioner and does not wish to
press charges against the petitioner 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
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 05.08.2017, 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 there from.

CRL.M.C. 3508/2018 Page 2 of 3

7. In view of the above, the petition is allowed. FIR No.347/2016
under
Sections 498A/406/34 IPC, Police Station Binda Pur and the
consequent proceedings emanating there from are quashed.

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

SANJEEV SACHDEVA, J
JULY 18, 2018
ns

CRL.M.C. 3508/2018 Page 3 of 3

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please to read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registrationJOIN WELCOME GROUP HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307,312, 313,323 376, 377, 406, 420, 506, 509; and also TEP, RTI etc

Web Design BangladeshWeb Design BangladeshMymensingh