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Sushant Vadhera & Ors. vs State ( Nct Of Delhi ) on 15 October, 2018

$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 15.10.2018

+ CRL.M.C. 5295/2018
SUSHANT VADHERA ORS ….. Petitioners
versus

STATE ( NCT OF DELHI ) ….. Respondent

Advocates who appeared in this case:

For the Petitioners : Mr. Santosh Kumar, Adv. with petitioners in
person.

For the Respondents : Mr. Hirein Sharma, Addl. PP for the State
with W/SI Jyoti Singh
Ms. Juhi Arora, Advocate. for complainant

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT

15.10.2018

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek quashing of FIR No. 489 of 2016 under
Sections 498A/406/34 IPC registered at Police Station R.K. Puram,
New Delhi, based on a settlement.

2. Subject FIR emanates out of matrimonial discord.

CRL.M.C. 5295/2018 Page 1 of 3

3. Learned counsel for the petitioners submits that parties have
settled their disputes and the settlement dated 05.07.2018 has been
executed between the parties. Parties have amicably dissolved their
marriage by mutual consent and decree of divorce dated 05.09.2018
has been passed.

4. As per the settlement, a total sum of Rs. 10 lakhs 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. 6
lakhs has already been paid to respondent no. 2 and the balance sum
of Rs. 4 lakhs is being paid by way of DD/Bankers Cheque No.
184037 dated 05.10.2018 issued by Axis Bank Ltd. to respondent no.
2, today in Court.

5. 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.

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 05.09.2018, continuation of criminal proceedings

CRL.M.C. 5295/2018 Page 2 of 3
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. 489 of
2016 under
Sections 498A/406/34 IPC registered at Police Station
R.K. Puram, New Delhi and the consequent proceedings emanating
there from are quashed.

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

OCTOBER 15, 2018 SANJEEV SACHDEVA, J
‘rs’

CRL.M.C. 5295/2018 Page 3 of 3

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