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Vicky Malthora vs The State & Anr. on 18 December, 2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: December 18, 2018
+ Crl.M.C. 5666/2018

VICKY MALTHORA ….. Petitioner
Through: Mr. Rajat Mathur, Advocate with
petitioner in person

Versus

THE STATE ANR. ….. Respondents
Through: Ms. Neelam Sharma, Additional
Public Prosecutor for respondent-State with SI
Jitender
Respondent No.2 in person with Mr. Vickey
Malhotra, Advocate
CORAM:
HON’BLE MR. JUSTICE SUNIL GAUR
ORDER

(ORAL)

1. Quashing of FIR No. 1128/2014, under Sections 498A/406/34 IPC
r/w Section 4 of The Dowry Prohibition Act, 1961, registered at police
station K.N.Katju Marg, Delhi is sought by petitioner on the basis of
Memorandum of Understanding of 12th December, 2014 (Annexure-P-3).

2. Upon notice, Ms. Neelam Sharma, learned Additional Public
Prosecutor for respondent-State submits that respondent No.2, present in
the Court, is the complainant/first-informant of the FIR in question and
she has been identified to be so, by SI Jitender Kumar.

3. Counsel for petitioner submits that the dispute between the parties
is a matrimonial dispute, which has been amicably resolved in terms of
Memorandum of Understanding of 12th December, 2014 (Annexure-P-3).

Crl.M.C. 5666/2018 Page 1 of 3

4. Respondent No.2, present in the Court, submits that the terms of
settlement have been fully acted upon, as today she has received the
balance settled amount of ₹75,000/- by way of cash and cost amount of
`5,000/- from petitioner and that divorce by mutual consent has been
already granted by the family court on 8th January, 2016. Respondent
No.2 affirms the contents of her affidavit of 29th October, 2018
supporting this petition and submits that now no dispute with petitioner
survives and so, the proceedings arising out of the FIR in question be
brought to an end.

5. In „Gian Singh Vs State of Punjab‟ (2012) 10 SCC 303, Supreme
Court has recognized the need of amicable resolution of disputes in cases
like the instant one, by observing as under:-

“Resolution of a dispute by way of a compromise
between two warring groups, therefore, should attract the
immediate and prompt attention of a court which should
endeavour to give full effect to the same unless such
compromise is abhorrent to lawful composition of the
society or would promote savagery.

Where the High Court quashes a criminal proceeding
having regard to the fact that the dispute between the
offender and the victim has been settled although the
offences are not compoundable, it does so as in its
opinion, 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.”

6. Since the subject matter of this FIR is essentially matrimonial,
which now stands mutually and amicably settled between parties,
therefore, continuance of proceedings arising out of the FIR in question
Crl.M.C. 5666/2018 Page 2 of 3
would be an exercise in futility.

7. Accordingly, subject to petitioner depositing cost of ₹50,000/- with
Prime Minister‟s National Relief Fund within four weeks from today and
placing on record receipt of deposit of cost on record of this case as well
as before Trial Court, FIR No. 1128/2014, under Sections 498A/406/34
IPC r/w Section 4 of The Dowry Prohibition Act, 1961, registered at
police station K.N.Katju Marg, Delhi and the proceedings emanating
therefrom, shall stand quashed.

8. With aforesaid directions, this petition is accordingly disposed of.

(SUNIL GAUR)
JUDGE
DECEMBER18, 2018
r

Crl.M.C. 5666/2018 Page 3 of 3

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