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Surender Kumar Gupta & Ors. vs The State (Nct Of Delhi) & Anr. on 14 August, 2018

$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 14.08.2018
+ CRL.M.C. 4086/2018
SURENDER KUMAR GUPTA ORS ….. Petitioners
versus

THE STATE (NCT OF DELHI) ANR. ….. Respondents

Advocates who appeared in this case:

For the Petitioner : Mr. Saurabh Jhamb, Adv. along with petitioners in
person.

For the Respondent: Mr. Panna Lal Sharma, Addl. PP for the State with
SI C.L. Meena
Mr. Ashutosh Mishra, Adv. for R-2

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

14.08.2018

SANJEEV SACHDEVA, J. (ORAL)

Crl. M.A. 29930/2018 (Exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 4086/2018

1. The petitioners seek quashing of FIR No. 983 of 2015 under
Sections 498A/406/34 of the IPC registered at Police Station Gokal

CRL.M.C. 4086/2018 Page 1 of 3
Puri (District North-East), Delhi, based on a settlement. It is
contended that the FIR was lodged consequent to a matrimonial
discord.

2. Learned counsel for the parties submit that the parties have
settled their disputes and have amicably dissolved their marriage by
mutual consent and decree of divorce dated 25.01.2018 has been
passed. It is also submitted that the settlement, has been executed
between the parties on 08.08.2017, before Counselling Cell, Family
Courts, Karkardooma Courts, Delhi. As per the settlement, a total
sum of Rs. 5 lakhs has been agreed to be paid to respondent no. 2. A
sum of Rs. 3,00,000/- has already been paid to respondent no. 2 and
the balance sum of Rs. 2,00,000/-, by way of DD No. 069907 dated
06.08.2018 issued by Bank of Baroda, has been paid to respondent no.
2 today in Court.

3. Respondent no. 2 who is present in court in person, represented
by her counsel and is identified by the Investigating Officer submits
that she has settled the dispute with the petitioners and is agreeable to
the settlement and does not wish to press the criminal charges against
the petitioners any further.

4. In view of the fact that the disputes between the petitioners and
respondent no. 2 emanate out of a matrimonial discord and have been
settled, continuation of criminal proceedings will be an exercise in
futility and justice in the case demands that the dispute between the

CRL.M.C. 4086/2018 Page 2 of 3
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.

5. In view of the above, the petition is allowed. FIR No. 983 of
2015 under Sections 498A/406/34 of the IPC registered at Police
Station Gokal Puri (District North-East), Delhi, and the consequent
proceedings therefrom are, accordingly quashed.

6. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
AUGUST 14, 2018
‘rs’

CRL.M.C. 4086/2018 Page 3 of 3

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