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Sunny Khanna & Ors. vs State (Nct Of Delhi) & Anr. on 7 September, 2018

$~79
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on:07.09.2018

+ W.P. (CRL) 411/2018
SUNNY KHANNA ORS. ….. Petitioners

versus

STATE (NCT OF DELHI) ANR. ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Prashant Mendiratta, Advocate.

For the Respondent : Mr. G.M. Farooqui, APP for the State.
SI Ram Naresh, PS Amar Colony.
Mr. Sumeet Chopra, Advocate for respondent No.2
with respondent No.2 in person.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

07.09.2018

SANJEEV SACHDEVA, J. (ORAL)
Crl.M.A.31424/2018 (exemption)

Exemption is allowed subject to all just exceptions.

W.P. (CRL) 411/2018 Crl.M.A.31423/2018 (under Section 482
Cr.P.C. for directions)

1. The petitioners seek quashing of FIR No.785/2014 under
Sections 498A/406/34 IPC, Police Station Amar Colony.
Additionally, Section 420 IPC has been added in the chargesheet that

W.P. (CRL) 411/2018 Page 1 of 3
has been filed.

2. Learned counsel for the petitioner prays for exemption from
personal appearance of the Petitioner No.1. He has executed a Special
Power of Attorney in favour of his father, who is the petitioner No.3.
The petitioner No.1 is stated to be the permanent resident of Canada.

3. In view of the above, the petitioner No.1 is granted exemption
from personal appearance.

4. 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 mother-in-law and father-in-law of the respondent No.2.
Petitioner No.4 is the sister-in-law of the respondent No.2.

5. Learned counsel for the petitioners submits that the parties have
settled their disputes and a settlement agreement dated 22.04.2017 has
been executed between the parties. The parties have already been
divorced by way of a decree of divorce passed on 24.01.2018.

6. As per the settlement, the minor child is in the permanent
custody of the petitioner No.1 – father. The respondent No.2, who is
present in Court in person, undertakes that she shall not claim any
rights contrary to the settlement terms. The undertaking is accepted.

7. The respondent No.2 is present in person, represented by
counsel and is identified by the Investigating Officer. She submits

W.P. (CRL) 411/2018 Page 2 of 3
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.

8. 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, passed on
24.01.2018, 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.

9. In view of the above, the petition is allowed. FIR No.785/2014
under Sections 498A/406/34 IPC, Police Station Amar Colony and the
consequent proceedings emanating there from are quashed.

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

11. The next date of 13.09.2018 is cancelled.

SEPTEMEBER 07, 2018 SANJEEV SACHDEVA, J
st

W.P. (CRL) 411/2018 Page 3 of 3

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